White v. Western Allegheny Railroad
Supreme Court of Pennsylvania
Appeal, No. 38, Oct. T., 1908, by defendant, from, judgment of C. P. Lawrence Co., Dec. T., 1905, No. 34, on verdict for plaintiff in case of John S. White v. Western Allegheny Railroad Company. Appeal from award of jury of view.
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Appeal, No. 38, Oct. T., 1908, by defendant, from, judgment of C. P. Lawrence Co., Dec. T., 1905, No. 34, on verdict for plaintiff in case of John S. White v. Western Allegheny Railroad Company. Appeal from award of jury of view. Before William E. Porter, P. J. At the trial the court permitted, under objection and exception, J. A. McMillin and L. M. Jones to testify as to the market value of the land. [1, 6] J. A. McMillin was asked this question: “Q. What inconvenience, disadvantage and danger would there be in crossing this railroad at grade in the use of it for farming it as a stock farm…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This case grows out of a proceeding to condemn a strip of the plaintiff’s land for railroad purposes under the right of eminent domain. The assignments of error relate to the qualification of certain witnesses to testify to market value before and after the taking. It is argued that the witnesses McMillin and Jones did not have such actual personal knowledge of the farm., its area, improvements, productive qualities, the uses for which adapted, and the general selling price of lands in the neighborhood, as to make them competent to express an opinion on market…
2Cases cited5 opinions
- Michael v. Crescent Pipe Line Co.Supreme Court of Pennsylvania · 1893
- Davis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1906
- Hope v. Philadelphia & Western RailroadSupreme Court of Pennsylvania · 1905
- Lally v. Central Valley RailroadSupreme Court of Pennsylvania · 1906
- Smith v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
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