Orr v. Carnegie Natural Gas Co.
Superior Court of Pennsylvania
Appeal, No. 41, May T., 1896, by defendant, from judgment of C. P. Armstrong Co., March T., 1895, No. 125, on verdict for plaintiff. Appeal from award of jury of view assessing damages for the tailing of a right of way for a natural gas pipe line under right of eminent domain.
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Appeal, No. 41, May T., 1896, by defendant, from judgment of C. P. Armstrong Co., March T., 1895, No. 125, on verdict for plaintiff. Appeal from award of jury of view assessing damages for the tailing of a right of way for a natural gas pipe line under right of eminent domain. Before Rayburn, P. J. On the trial Samuel Orr, the plaintiff, being on the stand under cross-examination, the court rejected the following evidence. ' Mr. Neale: We propose to ask the witness what he offered to take from the defendant company for the right of way before his land was entered, as a measure of damages…
1Opinion of the Court
Opinion by
Smith, J.,
It is a general rule of evidence that everything said or done by a party to a suit, touching the matter in issue, may be presented in evidence against him. One exception to this rule is, that statements and propositions of either party made by way of compromise are excluded, because the policy of the law favors an amicable adjustment of controversies, and, therefore, it protects bona fide negotiations for that purpose. A party may, if he chooses, buy his peace at a sacrifice. But in order to be entitled to the benefit of this exception it must reasonably appear that what…
2Cases cited10 opinions
- Pittsburgh, Virginia & Charleston Railway Co. v. VanceSupreme Court of Pennsylvania · 1887
- Pittsburgh & Western Railroad v. PattersonSupreme Court of Pennsylvania · 1884
- Curtin v. Nittany V. R.Supreme Court of Pennsylvania · 1890
- East Brandywine & Waynesburg Railroad v. RanckSupreme Court of Pennsylvania · 1875
- Hart v. HeilnerSupreme Court of Pennsylvania · 1832
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3Cited by3 opinions
- Commonwealth v. SmithSuperior Court of Pennsylvania · 1897
- Grier v. Borough of HomesteadSuperior Court of Pennsylvania · 1898
- Berger v. Public Parking Authority of PittsburghSupreme Court of Pennsylvania · 1954