Stone v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 377, Jan. T., 1917, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1912, No. 707, on verdict for plaintiff, in case of John L. Stone v. The Delaware, Lackawanna and Western Railroad Company. Appeal from award of viewers in condemnation proceedings. Before O’Neill, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $13,865 and judgment thereon. Defendant appealed.
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Appeal, No. 377, Jan. T., 1917, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1912, No. 707, on verdict for plaintiff, in case of John L. Stone v. The Delaware, Lackawanna and Western Railroad Company. Appeal from award of viewers in condemnation proceedings. Before O’Neill, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $13,865 and judgment thereon. Defendant appealed. Errors assigned were instructions to the jury and rulings on evidence. The admission, over defendant’s objection, of testimony elicited by plaintiff’s counsel as to the prices…
1Opinion of the Court
Opinion by
Mb. Justice Frazer,
Defendant appeals from the judgment of the Court of *460Common Pleas entered on a verdict for plaintiff awarding the. sum of $13,865 damages for land taken, or injured, by the relocation, straightening and widening of defendant’s right of way. The errors assigned are to the charge of the court, and various rulings on the admission and rejection of testimony touching the question of damages.
The first assignment of error complains that the portion of the charge quoted was erroneous in that it permitted the jury to fix the damages not upon the value of the property for…
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