Keim v. City of Reading
Superior Court of Pennsylvania
Appeal, No. 188, Oct. T., 1906, by plaintiff, from judgment of G. P. Berks Co., April T., 1899, No. 66, on verdict for plaintiff in case of DeB. Randolph Keim v. City of Reading. Appeal from award of jury of view.
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Appeal, No. 188, Oct. T., 1906, by plaintiff, from judgment of G. P. Berks Co., April T., 1899, No. 66, on verdict for plaintiff in case of DeB. Randolph Keim v. City of Reading. Appeal from award of jury of view. At the trial the following offer was made : Mr. Hiester: The plaintiff having shown that William M. Fulton testified at a former trial of this case and that the said witness had died and that there are no notes of his examination, now proposes to give the substance of Mr. Fulton’s testimony so far as it may be relevant to this case — the facts detailed by said witness upon…
1Opinion of the Court
Opinion by
Rice, P. J.,
This case came into the court below by appeal from the report of viewers appointed to assess the damages sustained by the plaintiff by the city’s appropriation of his land for park and boulevard purposes. The first assignment of error relates to the exclusion of plaintiff’s offer to prove by his own testimony the testimony, or the substance of the testimony, of William M. Fulton, who testified before the viewers — said Fulton having died between the hearing and the trial of the case in the court below, and no notes of his testimony having been taken. The question turns…
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