Davis v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 355, Jan. T., 1905, by defendant, from judgment of C. P. Lancaster Co., Sept. T., 1903, No. 8, on verdict for plaintiff in case of Joseph W. Davis v. Pennsylvania Railroad Company. Appeal from award of jury of view. Before Landis, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 355, Jan. T., 1905, by defendant, from judgment of C. P. Lancaster Co., Sept. T., 1903, No. 8, on verdict for plaintiff in case of Joseph W. Davis v. Pennsylvania Railroad Company. Appeal from award of jury of view. Before Landis, P. J. The opinion of the Supreme Court states the case. When J. Martin Good was on the stand he was asked the following question: Question by plaintiff: “ What, in your judgment, was a fair market value of this farm as a whole, before the railroad was built?” Objected to by the defendant. Mr. North: I want an opportunity to cross-examine him as to his…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
It was error for the learned judge to refuse to permit the defendant’s counsel to cross-examine the plaintiff’s witnesses as to their competency before they testified in chief to the value of his land and the damages he had sustained. The competency of the witnesses was a question for the court, and if, after an examination by plaintiff’s counsel, their testimony did not disclose their competency in the opinion of defendant's counsel, the latter should have been afforded an opportunity to cross-examine them. This would have disclosed more fully the knowledge of…
2Cases cited2 opinions
- Friday v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Michael v. Crescent Pipe Line Co.Supreme Court of Pennsylvania · 1893
3Cited by18 opinions
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- Greenfield v. PhiladelphiaSupreme Court of Pennsylvania · 1925
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- Bern-Shaw Ltd. Partnership v. Mayor of BaltimoreCourt of Appeals of Maryland · 2003
- White v. Western Allegheny RailroadSupreme Court of Pennsylvania · 1909
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