Legal Opinion

Kleppner v. Pittsburgh, Bessemer & Lake Erie Railroad

Supreme Court of Pennsylvania

Decided January 11, 1915No. Appeal, No. 28PublishedCited by 13 opinions

Appeal, No. 28, Oct. T., 1914, by defendant, from judgment of C. P. Allegheny Co., First Term, 1911, No. 574, on verdict for plaintiff, in case of Katharine Kleppner v. the Pittsburgh, Bessemer & Lake Erie Railroad Company. Appeal from report of board of viewers in condemnation proceedings. Before Davis, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,650 and judgment thereon. Defendant appealed.

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Appeal, No. 28, Oct. T., 1914, by defendant, from judgment of C. P. Allegheny Co., First Term, 1911, No. 574, on verdict for plaintiff, in case of Katharine Kleppner v. the Pittsburgh, Bessemer & Lake Erie Railroad Company. Appeal from report of board of viewers in condemnation proceedings. Before Davis, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,650 and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence and instructions to the jury.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

We must sustain the fourth, fifth, sixth, seventh and eighth «assignments and reverse the judgment entered, by the court below. These assignments allege error in the court’s refusal to strike out the testimony of certain witnesses who testified for the plaintiff in a proceeding to assess'damages for land appropriated under the right of eminent domain. Having testified in chief as to the damages sustained, the witnesses on cross-examination *607said they made up their estimates of the amount of damages by dividing the land into lots, fixing the price at which they…

2Cases cited4 opinions

  1. Penn. Schuyl. V. R. v. ClearySupreme Court of Pennsylvania · 1889
  2. Hamory v. Pennsylvania, Monongahela & Southern RailroadSupreme Court of Pennsylvania · 1909
  3. Gorgas v. Philadelphia, Harrisburg & Pittsburg RailroadSupreme Court of Pennsylvania · 1906
  4. Cox v. Philadelphia, Harrisburg & Pittsburg RailroadSupreme Court of Pennsylvania · 1906

3Cited by13 opinions

  1. Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
  2. McSorley v. Avalon Borough School DistrictSupreme Court of Pennsylvania · 1927
  3. United States v. 3.544 Acres of Land, More or Less, Situate in Philadelphia County, Pa.Court of Appeals for the Third Circuit · 1945
  4. Chatfield v. Board of Revision of TaxesSupreme Court of Pennsylvania · 1942
  5. Wadsworth v. Manufacturer's Water Co.Supreme Court of Pennsylvania · 1917

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