Gearhart v. Clear Spring Water Co.
Supreme Court of Pennsylvania
Appeal, No. 344, Jan. T., 1901, by defendant, from judgment of C. P. Monroe Co., Sept. T., 1900, No. 16, on verdict for plaintiff in case of Cicero Gearhart v. Clear Spring Water Company. Appeal from report of viewers.
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Appeal, No. 344, Jan. T., 1901, by defendant, from judgment of C. P. Monroe Co., Sept. T., 1900, No. 16, on verdict for plaintiff in case of Cicero Gearhart v. Clear Spring Water Company. Appeal from report of viewers. Before Craig, P. J. At the trial Stewart Flagler was asked this question: “ Q. Do you know the market value of lands that have been taken for the formation of ice pools on the Pocono mountain and at Saylorsburg? ” Mr. Palmer : Objected to for the reason that it has not been shown in this case that the tract of land in question could have been used for ice purposes. The Court: I…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
It is conceded that the law as to the assessment of damages for land taken under the power of eminent domain was correctly stated in the charge. The specifications of error relate to the incompetency of the plaintiff’s witnesses to testify as experts, and to the reception of testimony as to value which it is claimed was purely speculative. The land in question was part of the bottom of a natural basin situated in an elevated and mountainous section of country, and it was taken by the corporation, defendant, for the purpose of building a reservoir for the collection…
2Cases cited1 opinion
- Hamilton v. Pittsburg, Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1899
3Cited by8 opinions
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- Wadsworth v. Manufacturer's Water Co.Supreme Court of Pennsylvania · 1917
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