Goetz v. Commonwealth, Department of Highways

DAVIS, Commissioner.

In this condemnation proceeding the landowners seek reversal on the charged errors that (1) the trial court erroneously denied appellants’ right to take the deposition of an expert witness for appellee upon discovery; and (2) the evidence of the expert witness did not have sufficient probative value to sustain the jury’s verdict.

In due form the appellants undertook to take the deposition upon discovery of O. H. Snyder, professional real-estate appraiser who had been employed by the Department of Highways with a view to giving evaluation testimony in the condemnation trial.…