Legal Opinion

Sutton v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided March 5, 1906No. Appeal, No. 380PublishedCited by 2 opinions

Appeal, No. 380, Jan. T., 1905, by-defendant, from judgment of C. P. Montgomery Co., June T., 1903, No. 192, on verdict for plaintiff in case of William Henry Sutton v. Pennsylvania Railroad Company. Appeal from award of jury of view. The opinion of the Supreme Court states the case. Yerdict and judgment for plaintiff for $42,954.54. Defendant appealed.

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Appeal, No. 380, Jan. T., 1905, by-defendant, from judgment of C. P. Montgomery Co., June T., 1903, No. 192, on verdict for plaintiff in case of William Henry Sutton v. Pennsylvania Railroad Company. Appeal from award of jury of view. The opinion of the Supreme Court states the case. Yerdict and judgment for plaintiff for $42,954.54. Defendant appealed. Errors assigned were (1, 2) in admitting the testimony of Joseph T. McClellan and Alfred Godwin; (3) in failing to call the jury’s attention to the assessed valuation of plaintiff’s property based upon the evidence of Charles Humphreys, who…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This is an appeal from a judgment entered upon the verdict of a jury, in the trial of an appeal from an award of viewers in proceedings to assess damages for the taking of plaintiff’s land for railroad purposes.

The first and second assignments of error relate to the admission of the testimony of witnesses whose competency it is alleged was not established. Both these assignments are faulty in failing to refer to the pages of the paper-book where the matter may be found in its regular order in the printed evidence. The two witnesses whose competency is questioned…

2Cases cited7 opinions

  1. Friday v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
  2. Ott v. Oyer'sSupreme Court of Pennsylvania · 1884
  3. Hope v. Philadelphia & Western RailroadSupreme Court of Pennsylvania · 1905
  4. Whitmire v. MontgomerySupreme Court of Pennsylvania · 1895
  5. Reed v. Pittsburg, Carnegie & Western RailroadSupreme Court of Pennsylvania · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hoffman v. CommonwealthSupreme Court of Pennsylvania · 1966
  2. Hoffman v. CommonwealthSupreme Court of Pennsylvania · 1966

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