Legal Opinion · Dissent

Berger v. Public Parking Authority of Pittsburgh

Supreme Court of Pennsylvania

Decided November 29, 1954No. Appeals, Nos. 179 and 180Published

1Dissent

Dissenting Opinion by

Mb. Justice Jones:

The decision in this case is bound to produce grave injustices to owners of private property in the ascertainment of damages due them for the talcing of their properties under eminent domain. The majority opinion repudiates the well-established and long-respected rule that in an action for damages for the appropriation of private property for public use evidence of what the owner paid for the property or what he was willing at an earlier time to sell it for is not admissible to affect the value of the property at the time of the taking. So far as such…

2Cases cited15 opinions

  1. State v. KellySupreme Court of Connecticut · 1904
  2. People v. . ThompsonNew York Court of Appeals · 1914
  3. Thompson v. American Steel & Wire Co.Supreme Court of Pennsylvania · 1934
  4. Kaplan v. LoevSupreme Court of Pennsylvania · 1937
  5. Greenfield v. PhiladelphiaSupreme Court of Pennsylvania · 1925

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