Mazur v. Commonwealth

Opinion by

Mr. Chief Justice Jones,

This appeal is from an order granting a new trial in an action to determine the damages due the plaintiff husband and wife for the Commonwealth’s appropriation of a portion of their land for highway purposes in an exercise of the condemnor’s power of eminent domain. A board of view awarded the plaintiffs $10,000 which the Commonwealth appealed to the court of common pleas. The issue was there tried to a jury, which returned a verdict for the plaintiffs in the sum of $4,053. On the plaintiffs’ motion, the court granted a new trial on the ground that the…