St. Clair Cemetery Ass'n v. Commonwealth

Opinion by

Mr. Justice Arnold,

This is an eminent domain proceeding in which the Commonwealth appeals from the award of a new trial after a jury’s verdict for plaintiff-landowner in the amount of $23,968 inclusive of interest for detention.

In the reconstruction and relocation of the Lincoln Highway near Greensburg the Commonwealth appropriated from plaintiff’s cemetery tract of some 150 acres, .59 acres for right of way and .35 acres for slopes and fills. The portion so taken was not contemplated for use for cemetery purposes, but had located thereon a very old home without modern conveniences,…