Hermann v. North Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 308, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1918, No. 1942, on verdict for plaintiff, in case of John C. Hermann v. North Pennsylvania Railroad Co. Appeal by plaintiff from award of jury of view. Before Baldrige, P. J., specially presiding.
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Appeal, No. 308, Jan. T., 1921, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1918, No. 1942, on verdict for plaintiff, in case of John C. Hermann v. North Pennsylvania Railroad Co. Appeal by plaintiff from award of jury of view. Before Baldrige, P. J., specially presiding. From the record it appears the jury of view awarded plaintiff $2,300. At the trial defendant made the following offer: Mr. Hopldnson: I offer in evidence the city plan showing the plotting of Hunting Park Avenue, in the vicinity of Fifth and Hunting Park, and showing the property of John C. Hermann, the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
Appellant states the following questions involved: “Where a railroad company condemns part of a property in Philadelphia, is it not error (1) to exclude proof that *553a portion of the premises is in the bed of a street plotted on the city plan, bnt not opened, and (2) to instruct the jury, in determining the value before and after, to consider the property for the best use to which it could be put unaffected by the plotting through it of the unopened street?”
The Act of December 27, 1871, P. L. (1872) 1390, section 3, provides that it shall not be lawful to…
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