Swank v. Carnegie Natural Gas Co.
Superior Court of Pennsylvania
Appeal, No. 79, April T., 1897, by defendant, from judgment of C. P. Westmoreland Co., MayT., 1894, No. 634, on verdict for plaintiff. Reeder and Orlady, JJ. dissent. Appeal from award of viewers. Before McConnell, J. ■ It appears from tbe record that the only question raised in this appeal is as to the admissibility of certain testimony, which is fully set out in the assignments of error. . Verdict and judgment for plaintiff for $695. Defendant appealed.
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Appeal, No. 79, April T., 1897, by defendant, from judgment of C. P. Westmoreland Co., MayT., 1894, No. 634, on verdict for plaintiff. Reeder and Orlady, JJ. dissent. Appeal from award of viewers. Before McConnell, J. ■ It appears from tbe record that the only question raised in this appeal is as to the admissibility of certain testimony, which is fully set out in the assignments of error. . Verdict and judgment for plaintiff for $695. Defendant appealed. Errors assigned were (1) In admitting the testimony of the witness, H. M. Clements, as to the damages sustained by the plaintiff by reason…
1Opinion of the Court
Opinion by
Willard, J.,
When property is taken by a corporation in the exercise of the right of eminent domain under the Act of May 29,1885, P. L. 29, the owner of the property taken is entitled to damages proper to be paid to him for the easement appropriated by the company. The just compensation to which he is entitled is the surplus of damages over the special benefits: Fisher v. Gas Co., 138 Pa. 301. On a trial to ascertain the true measure of damages for the easement appropriated, the jury must rely to a very great extent upon the opinions of competent witnesses who have knowledge superior…
2Cases cited6 opinions
- Struthers v. Philadelphia & Delaware County RailroadSupreme Court of Pennsylvania · 1896
- Curtin v. Nittany V. R.Supreme Court of Pennsylvania · 1890
- Gorgas v. Phila. R., Pennsylvania Court of Common Pleas, Cumberland County1891
- Dorian v. East Brandywine & Waynesburg RailroadSupreme Court of Pennsylvania · 1864
- Galbraith v. Philadelphia Co.Superior Court of Pennsylvania · 1896
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