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ELECTRICAL SWITCHGEAR UNION v. I-T-E CIRCUIT BREAKER CO. (02/15/65)

SUPREME COURT OF PENNSYLVANIA


decided: February 15, 1965.

ELECTRICAL SWITCHGEAR UNION
v.
I-T-E CIRCUIT BREAKER CO., APPELLANT

Appeal from order of Court of Common Pleas No. 6 of Philadelphia County, March T., 1964, No. 5397, in case of Electrical Switchgear Union v. I-T-E Circuit Breaker Co.

COUNSEL

Robert M. Landis, with him Galen J. White, Jr., and Dechert, Price & Rhoads, for appellant.

Kenneth L. Stein, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 417 Pa. Page 50]

This is an appeal from an order of the lower court entered under the Act of April 25, 1927, P. L. 381, § 3, 5 P.S. § 163, directing the parties to proceed to arbitration of a contract dispute. The appeal must be dismissed because it was perfected too late.

Section 15 of the above cited Act (5 P.S. § 175) provides that "[a]n appeal may be taken to the Supreme or Superior Court, as in cases of final judgments, from an order . . . directing . . . the parties to proceed to arbitration. Such appeal must be taken and perfected within thirty days from the date when the order is made . . . ." (Emphasis supplied). The record shows that an appealable order was entered on July 8, 1964,

[ 417 Pa. Page 51]

    but the appeal before us*fn1 was not perfected until August 10, 1964, beyond the 30 day limit provided by statute. The purpose of the Arbitration Act, in general, and the statutory appealability of this type of order, in particular, make timeliness imperative.

Accordingly, the appeal is dismissed.

Disposition

Appeal dismissed.


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