Reading & Pottsville R. v. Balthaser
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 110 January Term 1888, Sup. Ct.; court below, No. 47 November Term 1885, C. P. On February 27, 1886, in an appeal from a report of viewers in a proceeding to assess damages to land instituted in the court below by Mary Baltbaser, widow, Frank Baltbaser, and others, children and devisees of William Balthaser, deceased, against the Beading & Potts ville Bailroad Company, now the Pennsylvania Schuylkill Valley Bailroad…
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ERROR TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 110 January Term 1888, Sup. Ct.; court below, No. 47 November Term 1885, C. P. On February 27, 1886, in an appeal from a report of viewers in a proceeding to assess damages to land instituted in the court below by Mary Baltbaser, widow, Frank Baltbaser, and others, children and devisees of William Balthaser, deceased, against the Beading & Potts ville Bailroad Company, now the Pennsylvania Schuylkill Valley Bailroad Company, an issue was directed under the form of an action in assumpsit, to be tried under the plea of non assumpsit,…
1Opinion of the Court
Opinion,
Mr. Justice Green:
We think the first assignment of error is sustained. The witness having stated that he made the difference in the value of the land before and after the building of the road to be $12,000, and being asked how he made up the items said: “They are made up by the stone which they take.” Being further asked what he meant by the stone which they take, he said: “ The land which it occupies has stone underneath, and it is occupied by the railroad, taken by this railroad.” A motion was then made to strike out this testimony which was denied by the court, and exception was…
2Cases cited2 opinions
- Searle v. Lackawanna & Bloomsburg RailroadSupreme Court of Pennsylvania · 1859
- Pittsburgh & Lake Erie Railroad v. RobinsonSupreme Court of Pennsylvania · 1880
3Cited by25 opinions
- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
- Penn. Schuyl. V. R. v. ClearySupreme Court of Pennsylvania · 1889
- McSorley v. Avalon Borough School DistrictSupreme Court of Pennsylvania · 1927
- Sgarlat Estate v. CommonwealthSupreme Court of Pennsylvania · 1960
- Strouds Creek & Muddlety Railroad v. HeroldWest Virginia Supreme Court · 1947
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