Markowitz v. Pittsburg & Connellsville Railroad
Supreme Court of Pennsylvania
Appeal, No. 85, Oct. T., 1906, by defendant, from judgment of O. P. No. 2, Allegheny Co., Jan. T., 1904, No. 244, on verdict for plaintiff in case of Samuel Markowitz v. Pittsburg & Connellsville Railroad Company. Appeal from award of jury of view. Before Frazer, P. J. '. At the trial objections were made to the competency of various witnesses. All of such objections were overruled. Yerdict and judgment for plaintiff for $4,918. Defendant appealed.
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Appeal, No. 85, Oct. T., 1906, by defendant, from judgment of O. P. No. 2, Allegheny Co., Jan. T., 1904, No. 244, on verdict for plaintiff in case of Samuel Markowitz v. Pittsburg & Connellsville Railroad Company. Appeal from award of jury of view. Before Frazer, P. J. '. At the trial objections were made to the competency of various witnesses. All of such objections were overruled. Yerdict and judgment for plaintiff for $4,918. Defendant appealed. Errors assigned were (1-5) in overruling objections to ' witnesses.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The questions raised by this appeal relate to the competency of witnesses "who were permitted to testify as to the value of certain lots of ground appropriated by the defendant company under the power of eminent domain. The competency of witnesses in such cases is a preliminary question to be passed upon by the court after proper examination before a witness is permitted to testify as to value: Michael v. Crescent Pipe Line Co., 159 Pa. 99; Friday v. Penna. R. R. Co., 204 Pa. 405 ; Hope v. P. & W. R. R. Co., 211 Pa. 401. In the case at bar the witnesses were…
2Cases cited4 opinions
- Pittsburgh, Virginia & Charleston Railway Co. v. VanceSupreme Court of Pennsylvania · 1887
- Friday v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Michael v. Crescent Pipe Line Co.Supreme Court of Pennsylvania · 1893
- Hope v. Philadelphia & Western RailroadSupreme Court of Pennsylvania · 1905
3Cited by16 opinions
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- Hencken v. Bethlehem Municipal Water AuthoritySupreme Court of Pennsylvania · 1950
- Chauvin v. Superior Fire InsuranceSupreme Court of Pennsylvania · 1925
- Stevenson v. East Deer TownshipSupreme Court of Pennsylvania · 1954
- Barron's Use v. United Railway Co.Superior Court of Pennsylvania · 1928
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