Berkley v. Jeannette

Opinion by

Mr. Justice Jones,

At the trial of the plaintiffs’ appeal from an award of viewers for damages to their property due to the condemnation of a portion by the defendant municipality, the jury returned a verdict in the sum of $6,000. The court en banc refused the defendant’s motion for a new trial conditioned upon the plaintiffs’ filing a remittitur for $1,000 which was done. Judgment for $5,000 was accordingly entered and the defendant appealed.

The plaintiffs were the owners of a tract of land in the City of Jeannette improved with a four-room dwelling. They had acquired the property…