DocketNumber: Appeal, 75
Judges: Maxey, Drew, Linn, Steen, Patterson, Parker, Stearns
Filed Date: 3/22/1943
Status: Precedential
Modified Date: 10/19/2024
The facts of this case are undisputed. Plaintiff originally instituted suit against the Commonwealth to recover damages to her property which occurred in the course of improvements made by the Department of Highways to State Route 86. Viewers made an award to the plaintiff of $1,600.00 which was confirmed nisi, whereupon the Commonwealth appealed to the court of common pleas. The appeal resulted in a diminished verdict, and the Commonwealth does not now contest its liability for this reduced amount. It did file exceptions, however, to an order imposing the costs of the appeal upon it, and on dismissal of these exceptions by the lower court, the Commonwealth took this present appeal.
The narrow issue raised for this Court's determination is whether or not a court of common pleas has authority to direct the Commonwealth to pay costs in this land damage case involving the State Department of Highways. It is well established that at common law *Page 78
costs were not recoverable by either party to the action. This is exclusively a creation of statute (Morganroth's ElectionContest Case,
We are of the opinion, however, that the Commonwealth may be charged with costs in the instant case under the Act of June 21, 1939, P. L. 651, Section 1,
This controlling statute is applicable to all matters, proceedings and hearings relating to the exercise of the right of eminent domain, without stipulation as to the partyexercising such authority. Moreover, the power of eminent domain, as an incident of sovereignty, has been exercised by the Commonwealth with increasing frequency as a result of the development and improvement of the State highway system. This recent expansion in the Commonwealth's use of its eminent domain *Page 79 power and the general, comprehensive language of the statute vesting in the court wide discretion relative to the payment of costs in proceedings resulting from its exercise, compel us to decide that it was the legislative intention to include the Commonwealth within the import of the statute, as a party against whom the court may assess costs.
The courts of this Commonwealth have adopted the policy that statutes relating to costs are to be liberally interpreted in order to justly compensate parties who have been obliged to incur necessary expenses in prosecuting lawful claims or in defending against unjust or unlawful ones. This, said Justice SHARSWOOD, is seen by the whole current of our decisions, and is the true spirit of the legislation of this state. Steele v.Lineberger, et al.,
Order and Judgment of the court below affirmed. *Page 80
Pennsylvania Turnpike Commission v. Smith ( 1944 )
Culver v. Commonwealth ( 1943 )
Richmond v. Pennsylvania Higher Education Assistance Agency ( 1972 )
Allegheny County Police Pension Fund v. Casey ( 1978 )
SCHULTZ v. Mountain Telephone Co. ( 1950 )
Merner v. Department of Highways ( 1954 )
Baehr Bros. v. Commonwealth ( 1981 )