Michael v. Crescent Pipe Line Co.
Supreme Court of Pennsylvania
Appeal, No. 183, Oct. T., 1893, by defendant, from judgment of C. P. No. 2, Allegheny Co., *Oct. T., 1892, No. 531, on verdict for plaintiff, James Michael. Appeal from assessment of land damages. On the trial, J. P. Auld, a witness for plaintiff, testified that he had lived within a mile of plaintiff’s land almost all his life. “ Q. Do you know of sales, Mr. Auld, in that neighborhood ? A. Yes, I have understood there was quite a number of sales.
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Appeal, No. 183, Oct. T., 1893, by defendant, from judgment of C. P. No. 2, Allegheny Co., *Oct. T., 1892, No. 531, on verdict for plaintiff, James Michael. Appeal from assessment of land damages. On the trial, J. P. Auld, a witness for plaintiff, testified that he had lived within a mile of plaintiff’s land almost all his life. “ Q. Do you know of sales, Mr. Auld, in that neighborhood ? A. Yes, I have understood there was quite a number of sales. Q. You have some idea of what the property sold for? A. I have understood what the prices were. Q. I wish you would state from your knowledge of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
An essential test of the competency of witnesses, called to give an opinion in respect of the market value of land, is that they should affirmatively appear to- have actual personal knowledge of the facts affecting the subject-matter of the inquiry : Railway Co. v. Vance, 115 Pa. 325. They cannot intelligently testify without such knowledge; its possession is a necessary element in the value of such testimony, but cannot be assumed; the court cannot pass on the question of competency until it be made to appear. Hence the possession and sufficiency of such…
2Cases cited2 opinions
- Pittsburgh, Virginia & Charleston Railway Co. v. VanceSupreme Court of Pennsylvania · 1887
- Pittsburgh & Western Railroad v. PattersonSupreme Court of Pennsylvania · 1884
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- Davis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
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