McElheny v. Pittsb. Ry. Co.
Supreme Court of Pennsylvania
Appeal, No. 258, Oct. T., 1891, by defendant from judgment of G. P. No. 2, Allegheny Go., April T., 1890, No. 131, on verdict for plaintiff. On Jan. 18, 1890, viewers were appointed to assess damages for the appropriation by the Pittsburgh, Virginia & Charleston Railway Company, of certain lands belonging to V. K. McElheny and others.
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Appeal, No. 258, Oct. T., 1891, by defendant from judgment of G. P. No. 2, Allegheny Go., April T., 1890, No. 131, on verdict for plaintiff. On Jan. 18, 1890, viewers were appointed to assess damages for the appropriation by the Pittsburgh, Virginia & Charleston Railway Company, of certain lands belonging to V. K. McElheny and others. The viewers having made an award, the plaintiff appealed therefrom, and an issue was framed in the usual form to determine what compensation the plaintiffs were entitled to receive. At the trial on May 6,1891, the following facts were shown: The plaintiffs were…
1Opinion of the Court
Per Curiam,
The single assignment of error is to the admission of evidence as to the location and height of the highway bridge. It is sufficient to say, in answer to this objection, that the subject was introduced by the appellant upon the cross-examination of the plaintiffs’ witness. If we concede that it would not have been competent evidence in chief on the part of the plaintiffs, the defendant having brought it out, the plaintiffs were clearly entitled to follow it up by the questions referred to.
Judgment affirmed. C.
2Cited by2 opinions
- Stone v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
- Pennsylvania Railroad v. City of ReadingSupreme Court of Pennsylvania · 1915