Flower v. Baltimore
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 383 January Term 1889, Sup. Ct.; court below, No. 40 December Term 1887, C. P. On September 20,1887, the court below directed the framing of an issue between John R. Flower, as plaintiff, and the Baltimore and Philadelphia Railroad Company, as defendant, in pursuance of an appeal by the latter from the report of viewers previously appointed to assess damages to the plaintiff for certain of his land…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF DELAWARE COUNTY. No. 383 January Term 1889, Sup. Ct.; court below, No. 40 December Term 1887, C. P. On September 20,1887, the court below directed the framing of an issue between John R. Flower, as plaintiff, and the Baltimore and Philadelphia Railroad Company, as defendant, in pursuance of an appeal by the latter from the report of viewers previously appointed to assess damages to the plaintiff for certain of his land taken by the defendant in the construction of its railroad. At the trial of the issue on September 26, 1888, the jury…
1Opinion of the Court
Per Curiam :
There is but a single assignment of error in this case, and that is to the charge of the court. It appears that the jury viewed the premises in dispute, and were subsequently instructed by the court that they could not “ render a verdict upon their own judgment from that view,” but that “ after you have weighed all the evidence, aided by your own view of the premises, you are to give the plaintiff just, full, and fair compensation for the lands this railroad company has taken, and for the injury to the remaining ground if you find it injured.” The learned judge further said: “ You…
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