Hamory v. Pennsylvania, Monongahela & Southern Railroad
Supreme Court of Pennsylvania
Appeal, No. 41, Oct. T., 1908,- by defendant, from judgment of C. P. Washington Co., Nov, T., 1905, No. 112, on verdict for plaintiff in case of G. Y. Hamory v. Pennsylvania, Monongahela & Southern Railroad Company. Appeal from award of jury of view. Before Taylor, J. At the trial when Osman McCarty, a witness for the plaintiff, was on the stand, he was asked this question: “Q. Mr. McCarty, where do you live? A. I live in Millsboro.
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Appeal, No. 41, Oct. T., 1908,- by defendant, from judgment of C. P. Washington Co., Nov, T., 1905, No. 112, on verdict for plaintiff in case of G. Y. Hamory v. Pennsylvania, Monongahela & Southern Railroad Company. Appeal from award of jury of view. Before Taylor, J. At the trial when Osman McCarty, a witness for the plaintiff, was on the stand, he was asked this question: “Q. Mr. McCarty, where do you live? A. I live in Millsboro. Q. And do you know the Hamory property? A. Yes, sir. Q. Are you in business in Millsboro, Mr. McCarty? A. Yes, sir. Q. How long have you known the Hamory…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In a proceeding to assess damages for lands appropriated for railroad purposes under the right of eminent domain, a witness produced by the landowner, was asked on preliminary cross-examination if his estimate of what the property was worth at the time of the entry, was based upon what it would bring if it had been laid out in building lots and all the lots had been sold at what the witness thought they were worth. The witness having answered in the affirmative, objection was made that he was not qualified to express an opinion, because his method of estimating the…
2Cases cited6 opinions
- Penn. Schuyl. V. R. v. ClearySupreme Court of Pennsylvania · 1889
- Pennsylvania Railroad v. ButlerSupreme Court of Pennsylvania · 1868
- Gorgas v. Philadelphia, Harrisburg & Pittsburg RailroadSupreme Court of Pennsylvania · 1906
- Erie & W. V. R. v. SmithSupreme Court of Pennsylvania · 1889
- Huntingdon & Broad Top Mountain Railroad & Coal Co. v. DeckerSupreme Court of Pennsylvania · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- McSorley v. Avalon Borough School DistrictSupreme Court of Pennsylvania · 1927
- Beck v. Wings Field, Inc.Court of Appeals for the Third Circuit · 1941
- United States v. 3.544 Acres of Land, More or Less, Situate in Philadelphia County, Pa.Court of Appeals for the Third Circuit · 1945
- Lilly v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1935
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