Stauffer v. Reading
Supreme Court of Pennsylvania
Appeal, No. 39, Jan. T., 1903, by-plaintiff, from order of C. P. Berks Co., making absolute a rule for a new trial in case of A. K. Stauffer v. City of Reading. Appeal from jury of view. Before Endlich, J. From the record it appeared that the city of Reading appropriated one and one half acres of plaintiff’s land for the purpose of a boulevard.
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Appeal, No. 39, Jan. T., 1903, by-plaintiff, from order of C. P. Berks Co., making absolute a rule for a new trial in case of A. K. Stauffer v. City of Reading. Appeal from jury of view. Before Endlich, J. From the record it appeared that the city of Reading appropriated one and one half acres of plaintiff’s land for the purpose of a boulevard. The boulevard was so located as to cut off three acres of plaintiff’s land to the north, leaving about seven acres to the south of the boulevard. Verdict for plaintiff for $8,295.83. On a rule for a new trial the court made the following order:…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The granting or refusing of a new trial except for causes like errors of law by the judge or misconduct of the jury, where it may be matter of right, is an exercise of judicial discretion by the court in furtherance of right and justice according to the circumstances of the case. Hence it is well settled that the court may impose terms upon either or both of the parties as conditions of the grant or refusal, and the latitude allowed to the discretion of the court to this end is very great. As each case must be determined on its own circumstances the causes…
2Cases cited2 opinions
- Bradwell v. Pittsb. Etc. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
- Lehr v. BrodbeckSupreme Court of Pennsylvania · 1899
3Cited by7 opinions
- Ralston v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- First National Bank v. Fidelity Title & Trust Co.Supreme Court of Pennsylvania · 1916
- Hoban v. ConroySupreme Court of Pennsylvania · 1943
- Wirsing v. SmithSupreme Court of Pennsylvania · 1908
- Cronrath v. BorderSuperior Court of Pennsylvania · 1904
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