Legal Opinion

Brennan v. Pittsburg & Connellsville Railroad

Supreme Court of Pennsylvania

Decided January 3, 1911No. Appeal, No. 169Published

Appeal, No. 169, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1906, No. 108, on verdict for plaintiff in case of James P. Brennan v. Pittsburg & Connellsville Railroad Company. Appeal from award of viewers. Before Ford, J. At the trial the jury returned a verdict for plaintiff for $53,000 upon which judgment was entered.

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Appeal, No. 169, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1906, No. 108, on verdict for plaintiff in case of James P. Brennan v. Pittsburg & Connellsville Railroad Company. Appeal from award of viewers. Before Ford, J. At the trial the jury returned a verdict for plaintiff for $53,000 upon which judgment was entered. The court refused a new trial, Ford, J., filing the following opinion: This is a proceeding to assess the value of certain lots or pieces of ground situate on Halket street in the first ward of the borough of Braddock, taken and…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

This is a proceeding to assess damages for land appropriated for railroad purposes under the right of eminent domain. The lots affected belong to appellee and are located in the borough of Braddock. Buildings and improvements were erected thereon, all of which facts appear in the testimony. Most of the assignments of error raise questions as to the competency of witnesses pro*237duced by the plaintiff in the court below to testify. Holland, McGeary, Learn, Brackmeyer and Richards were objected to as witnesses on the ground that they had not shown sufficient knowledge…

2Cases cited8 opinions

  1. Friday v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
  2. White v. Western Allegheny RailroadSupreme Court of Pennsylvania · 1909
  3. Markowitz v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1907
  4. Hope v. Philadelphia & Western RailroadSupreme Court of Pennsylvania · 1905
  5. Pittsburgh & Lake Erie Railroad v. RobinsonSupreme Court of Pennsylvania · 1880

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