Legal Opinion

Fisher v. Delaware, Lackawanna & Western Railroad

Supreme Court of Pennsylvania

Decided March 8, 1910No. Appeals, Nos. 279 and 280PublishedCited by 4 opinions

Jan. T., 1909, by defendant, from judgments of C. P. Monroe Co., Dec. T., 1907, Nos. 15 and 16, on verdicts for plaintiff in cases of James S. Fisher v. Delaware, Lackawanna & Western Railroad Company. Appeal from the award of a jury of view. Before Staples, P. J. The opinion of the Supreme Court states the case. Verdicts for plaintiff amounting to 14,226.25 and judgment thereon. Errors assigned were in refusing to withdraw a juror and refusal of defendant’s point.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

March 28, 1910:

A jury of view awarded the plaintiff $4,570, damages for land condemned by the defendant to widen and straighten its railroad. An appeal was taken to the common pleas. On the trial of this appeal a real estate expert witness for the defendant placed the damages at $1,500. On cross-examination he was asked by counsel for the plaintiff as to a supposed conversation with certain third persons in which he was alleged to have stated that $4,500 was proper compensation for the land taken. The witness did not admit the imputation as to the larger…

2Cases cited4 opinions

  1. Hollis v. United States Glass Co.Supreme Court of Pennsylvania · 1908
  2. Hollinger v. York Railways Co.Supreme Court of Pennsylvania · 1909
  3. Wagner v. Hazle TownshipSupreme Court of Pennsylvania · 1906
  4. Quinn v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909

3Cited by4 opinions

  1. Narciso v. Mauch Chunk TownshipSupreme Court of Pennsylvania · 1952
  2. Commonwealth v. ShoemakerSupreme Court of Pennsylvania · 1913
  3. Brown & Vaughn Development Co. v. CommonwealthSupreme Court of Pennsylvania · 1958
  4. Cora P. King v. F. Keller (No. 1)Superior Court of Pennsylvania · 1927

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