Hession Condemnation Case

Dissenting Opinion by

Mr. Justice O’Brien:

I cannot agree that, as a matter of law, appellees have suffered no compensable damages under §613 of the Eminent Domain Code. I fail to see how the majority can conclude from the record that appellees’ damage is solely “a product of the fact that the elevated highway has transformed what was once a heavily traveled highway (State Road) into a street which carries primarily local traffic only”. While that undoubtedly is the cause of some of appellees’ damages, the record we have from the board of viewers hardly reveals that it is the only source of…