Legal Opinion

Parry v. Cambria & Indiana Railroad

Supreme Court of Pennsylvania

Decided January 2, 1915No. Appeal, No. 119PublishedCited by 8 opinions

Appeal, No. 119, Oct. T., 1914, by defendant, from judgment of O. P. Indiana Co., March T., 1911, No. 186, on verdict for plaintiff, in case of Ford Parry v. Cambria & Indiana Railroad Company. Appeal from award of viewers. Before Telford, P. J. The opinion of the Supreme Court, states the facts. Verdict for plaintiff for $1,700 and judgment thereon. Defendant appealed.

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Appeal, No. 119, Oct. T., 1914, by defendant, from judgment of O. P. Indiana Co., March T., 1911, No. 186, on verdict for plaintiff, in case of Ford Parry v. Cambria & Indiana Railroad Company. Appeal from award of viewers. Before Telford, P. J. The opinion of the Supreme Court, states the facts. Verdict for plaintiff for $1,700 and judgment thereon. Defendant appealed. Errors assigned, among others, were the third assignment, referred to in the opinion of the Supreme Court, and the first and second assignments, which were as follows: 1. —The court erred in admitting the testimony of R. D.…

1Opinion of the Court

Opinion by

Mr. Chief Justice Fell,

When, in condemnation proceedings, a witness is called to testify to the value of the land taken or injured, *171it should affirmatively appear that he has actual knowledge of the facts which affect the value. His testimony should not be received, against objection, on his mere assertion that he knows the value of the land before and after taking, and it rests upon the party calling him to show that he has knowledge sufficient to qualify him to testify; Michael v. Crescent Pipe Line Co., 159 Pa. 99; Friday v. Railroad Co., 204 Pa. 405., The first and second…

2Cases cited9 opinions

  1. Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
  2. Pittsburgh, Virginia & Charleston Railway Co. v. VanceSupreme Court of Pennsylvania · 1887
  3. Friday v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
  4. Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskeySupreme Court of Pennsylvania · 1885
  5. Michael v. Crescent Pipe Line Co.Supreme Court of Pennsylvania · 1893

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3Cited by8 opinions

  1. Regina v. Monroe CountySupreme Court of Pennsylvania · 1935
  2. In Re Condemnation by the Commonwealth, Department of Transportation, of Right of Way for State Route 79, Section W10Supreme Court of Pennsylvania · 2002
  3. Stone v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
  4. Barron's Use v. United Railway Co.Superior Court of Pennsylvania · 1928
  5. Mott v. Commonwealth, Department of HighwaysSupreme Court of Pennsylvania · 1965

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