Creasy v. Commonwealth

Aldisert, J.,

A provision of the new Eminent Domain Code of June 22, 1964, P. L. 84, makes it mandatory for a judge to accompany the jury on the view in every condemnation case.

Such a requirement, if literally enforced, would require radical changes in the operation of a modern metropolitan court system such as that operating in Allegheny County. It has been the eminent domain practice in this court, fortified by years of tradition, that juries go on the view, without a judge, prior to the case being assigned to a particular trial judge. This saves anywhere from one half to one day’s trial…