United States v. 3.544 Acres of Land, More or Less, Situate in Philadelphia County, Pa.

McLaughlin, circuit judge.

The property concerned in this condemnation matter is located in the City of Philadelphia. A board of view had previously reported that the owner had sustained damages of $24,808. Both sides then appealed to the District Court from that finding. The District Court trial resulted in a verdict in favor of the owner in the sum of $40,000. Two points are made by the appellant, namely:

1. Whether the District Court erred in refusing to strike the testimony of the landowner’s expert real estate witnesses, Messrs. Phillips and Tomlinson, as to the value of the land condemned.