Pennsylvania Co. for Insurances on Lives v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 86, Jan. T., 1921, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1916, No. 4939, on verdict for plaintiff in case of Pennsylvania Co. for Insurances on Lives and Granting Annuities, Trustee under will of Mary J. Miles, deceased, v. Philadelphia. Appeal from report of board of view. Before Ferguson, J. :The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $520,000. Defendant appealed.
Read the full summary
Appeal, No. 86, Jan. T., 1921, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1916, No. 4939, on verdict for plaintiff in case of Pennsylvania Co. for Insurances on Lives and Granting Annuities, Trustee under will of Mary J. Miles, deceased, v. Philadelphia. Appeal from report of board of view. Before Ferguson, J. :The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $520,000. Defendant appealed. Errors assigned were various rulings on evidence and instructions appearing by the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
In a land damage case, property value cannot be established by the sale price of other properties similar in character, made at or near the time of appropriation: Schonhardt v. Pennsylvania R. R. Co., 216 Pa. 224; Pittsburgh & Western R. R. Co. v. Patterson, 107 Pa. 461. Evidence concerning such sales should not be admitted in chief for any purpose: Brown v. City of Scranton, 231 Pa. 593; and, generally speaking, it is improper on cross-examination; but if the witness states that he bases a value on a particular sale, he may then be asked on cross-examination the…
2Cases cited8 opinions
- Whitcomb v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- Girard Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1915
- Pittsburgh & Western Railroad v. PattersonSupreme Court of Pennsylvania · 1884
- Hoffman v. PhiladelphiaSupreme Court of Pennsylvania · 1918
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Barnes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1959
- United States v. CERTAIN PARCELS OF LAND, ETC.Court of Appeals for the Third Circuit · 1944
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- McSorley v. Avalon Borough School DistrictSupreme Court of Pennsylvania · 1927
- In Re Jeffries Homes Housing ProjectMichigan Supreme Court · 1943
22 more not listed; retrieve them via the Exa API.