Reading & Pottsville R. v. Balthaser
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OE BERKS COUNTY. No. 286 January Term 1889, Sup. Ct.; court below, No. 47 November Term 1885, C. P. The proceeding below was the trial of an issue between Mary Balthaser, widow, Prank Balthaser and others, children and devisees of William Balthaser, deceased, as plaintiffs, and the Reading & Pottsville Railroad Company, now the Pennsylvania Schuylkill Yalley Railroad Company, as defendants, formed in an appeal from a report of viewers in…
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ERROR TO THE COURT OF COMMON PLEAS OE BERKS COUNTY. No. 286 January Term 1889, Sup. Ct.; court below, No. 47 November Term 1885, C. P. The proceeding below was the trial of an issue between Mary Balthaser, widow, Prank Balthaser and others, children and devisees of William Balthaser, deceased, as plaintiffs, and the Reading & Pottsville Railroad Company, now the Pennsylvania Schuylkill Yalley Railroad Company, as defendants, formed in an appeal from a report of viewers in the assessment of damages to land. A judgment entered upon the verdict of a jury returned on April 18,1887, in favor of…
1Opinion of the Court
Opixiox,
Mr. Justice Williams:
The admission of the evidence complained of in the first assignment of error was entirely proper as the case stood at the time. The defendant’s counsel had, by their cross-examination, drawn from Mary Balthaser the statement that the Messrs. Atkins were operating the quarry on the lands of the plaintiffs at the time the railroad was located upon them, under a lease from herself and children. In order to explain this answer and show that the lease to A tlrins did not affect the plaintiffs’ right to recover, one of the sons who made the lease was called, for the…
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