Ray v. Philadelphia

Opinion by

Mr. Justice Drew,

This appeal is from the refusal of a new trial, and the entry of judgment on the verdict, in a land damage case arising out of the exercise of the right of eminent domain by the City of Philadelphia in widening Passyunk Avenue, one of its highways.

The first assignment of error, and the only one necessary to consider, is that the learned court below erred in instructing the jury, and later in holding in its memorandum opinion under Rule 58, that the testimony of Louis A. Harrison, an expert called by the City, that the market value of plaintiff’s property was…