Leiby v. Clear Spring Water Co.
Supreme Court of Pennsylvania
Appeal, No. 111, Jan. T., 1902, by defendant, from judgment of C. P. Lehigh Co., June T., 1901, No. 45, on verdict for plaintiff in case of Rebecca S. Leiby v. Clear Springs Water Company. Appeal from assessment of damages. Before Dunham, P. J., of the 44th judicial district, specially presiding.
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Appeal, No. 111, Jan. T., 1902, by defendant, from judgment of C. P. Lehigh Co., June T., 1901, No. 45, on verdict for plaintiff in case of Rebecca S. Leiby v. Clear Springs Water Company. Appeal from assessment of damages. Before Dunham, P. J., of the 44th judicial district, specially presiding. At the trial it appeared that the defendant company had purchased a mill property with certain water rights upon lands of other persons, all of which lands affected by the water rights, were purchased by it excepting the land of the plaintiff. In the construction of its dam and works it was necessary…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
The four witnesses, the admission of whose testimony is the subject of the first, second, third and fourth assignments, disclosed a familiarity with the premises and values of land in the community in which this property is situated that made them clearly competent to testify to its value and to 'estimate the damages sustained by the plaintiff. Yellis’s testimony, introduced for the purpose of showing one of the several elements of damages, was properly admitted by the trial court. “ It has never been said or held,” says the court in Danville, Hazleton and…
2Cited by2 opinions
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