Legal Opinion

Yohn v. Comm. Pennsylvania Department of Highways

Pennsylvania Court of Common Pleas, Chester County

Decided July 20, 1967No. 27Published

1Opinion of the Court

Kurtz, J.,

In this condemnation case, in which the Commonwealth condemned a portion of plaintiffs’ property prior to the adoption of the Eminent Domain Code, the Act of June 22, 1964, P. L. 84, 26 >PS §1-101, for the construction of a limited access highway, the trial judge charged the jury, inter alia, as follows:

“You will take into account also, we think, the fact that heretofore the Yohn driveway went right out onto 202, and Mr. and Mrs. Yohn leaving their property intending to go to the west or east, would drive to the end of the drive and turn whichever direction they wanted to go. Now,…

2Cases cited5 opinions

  1. Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
  2. William Laubach & Sons v. EastonSupreme Court of Pennsylvania · 1943
  3. Wolf v. Department of HighwaysSupreme Court of Pennsylvania · 1966
  4. McCrady CaseSupreme Court of Pennsylvania · 1960
  5. McCARGO v. EvansonSuperior Court of Pennsylvania · 1959

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