Baker v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 26, Jan. T., 1912, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1910, No. 80, on verdict for plaintiff in case of H. Preston Baker v. Pennsylvania Railroad Company. Appeal from award of Jury of view. Before Hemp-hill, P. J. At the trial H. Preston Baker, J. C. Valentine, Ambrose C. Fulton, Richard W. Schrack, William H. Seltzer, W. Logan Rogers and Issacher Price all testified to values in dollars and cents.
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Appeal, No. 26, Jan. T., 1912, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1910, No. 80, on verdict for plaintiff in case of H. Preston Baker v. Pennsylvania Railroad Company. Appeal from award of Jury of view. Before Hemp-hill, P. J. At the trial H. Preston Baker, J. C. Valentine, Ambrose C. Fulton, Richard W. Schrack, William H. Seltzer, W. Logan Rogers and Issacher Price all testified to values in dollars and cents. On motion their testimony was stricken out. (8-15). Plaintiff presented the following points: If the jury believe from the evidence that the construction and…
1Opinion of the Court
Opinion by
Me. Justice Elkin,
On account of refusing to admit offers of testimony relating to certain elements of damage, and in striking out all testimony admitted in which the witnesses fixed the amount of damages in dollars and cents, this judgment must be reversed and a new venire awarded. It will, therefore, only be necessary to indicate what elements of damages may be considered, and what may not, when the case is again tried. This is an action to recover compensation, commonly called damages, for land belonging to appellant and actually appropriated by the railroad company under the…
2Cases cited6 opinions
- Shano v. Fifth Avenue & High Street Bridge Co.Supreme Court of Pennsylvania · 1899
- Hamilton v. Pittsburg, Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1899
- Rudolph v. Pennsylvania Schuylkill Valley RailroadSupreme Court of Pennsylvania · 1898
- White v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
- Comstock v. Clearfield & Mahoning Railway Co.Supreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Marchant v. Mayor of BaltimoreCourt of Appeals of Maryland · 1924
- Harrison v. Pacific Ry. & Nav. Co.Oregon Supreme Court · 1914
- Darlington v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1924
- Cox v. Pennsylvania Co.Supreme Court of Pennsylvania · 1919
- Sechler v. Commonwealth, Pennsylvania Court of Common Pleas, Somerset County1979