Lilley v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 200, Oct. T., 1907, by defendant, from judgment of C. P. Washington Co., Feb. T., 1890, No. 216, on verdict for plaintiff in case of Thomas Lilley, Executor, v. Pennsylvania Railroad Company, Successor to the Pittsburg, Virginia & Charleston Railway Company. Issue to determine the value of land condemned by defendant. The opinion of the Supreme Court states the case.
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Appeal, No. 200, Oct. T., 1907, by defendant, from judgment of C. P. Washington Co., Feb. T., 1890, No. 216, on verdict for plaintiff in case of Thomas Lilley, Executor, v. Pennsylvania Railroad Company, Successor to the Pittsburg, Virginia & Charleston Railway Company. Issue to determine the value of land condemned by defendant. The opinion of the Supreme Court states the case. The court under objection and exception rejected the witnesses Flint and Graham to whom reference was made in the opinion of the Supreme Court. [1, 2] The court permitted the witness, Birmingham, to testify under…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This was a proceeding to determine the damages plaintiff was entitled to, in consequence of the appropriation by the defendant company of certain land in the widening and improving of its roadbed, under the provisions of the act of March 11, 1869. The testimony of two of the witnesses called by plaintiff to show the value of the farm at the time of the appropriation, was rejected, on the ground that they had not qualified themselves upon examination to express an opinion on the subject. The first of these witnesses, Flint, when asked if he knew the values of…
2Cited by2 opinions
- Williams v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1916
- Stoner v. Pittsburg, Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1911