Brennan v. Pittsburg & Connellsville Railroad
Brennan v. Pittsburg & Connellsville Railroad
Opinion of the Court
Opinion by
This is a proceeding to assess damages for land appropriated for railroad purposes under the right of eminent domain. The lots affected belong to appellee and are located in the borough of Braddock. Buildings and improvements were erected thereon, all of which facts appear in the testimony. Most of the assignments of error raise questions as to the competency of witnesses pro
It is argued with much force that the witnesses complained of based their opinions of the general selling value of properties in the neighborhood upon the price paid by the appellant railroad company for adjoining properties in the same block. The rule is well established that particular sales for a particular purpose, is not evidence of general market value in the neighborhood. Our latest case on this subject is Friday v. R. R. Co., 204 Pa. 405,
The sixth and seventh assignments relate to the refusal of the trial judge to permit certain questions on the cross-examination of the witness, Weil. This witness had lived in the neighborhood all of his fife, is an attorney at law, and for many years had been interested in placing mortgages on Braddock real estate. He was subjected to a very searching cross-examination on every phase of the case and among other things was asked what kind of improvements were on a particular property upon which he had placed a mortgage. The question was objected to as incompetent and the objection was sustained. The same witness testified that he had placed a mortgage
The case was exceptionally well tried and the learned court below gave such cogent and convincing reasons to support every position taken in the opinion refusing a new trial that we could very properly have rested our decision on those reasons.
Assignments of error overruled and judgment affirmed.
Mustrezat, J., dissents.
Reference
- Full Case Name
- Brennan v. Pittsburg & Connellsville Railroad Company
- Status
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- Syllabus
- Railroads — Eminent domain — Witnesses • — • Competency — Cross-examination — Harmless error. 1. The fact that a witness in a land damage case may show bias, prejudice or interest will not warrant a court in refusing to hear him or in striking out his testimony, if he is fully competent to testify as to the value of land because of his general knowledge of land values in the neighborhood or his familiarity with the location, area, improvements and adaptability of the land in controversy. The credibility of such a witness is for the jury. 2. Where the qualifications of witnesses as to land damages do not depend upon the knowledge they had of the price paid by a railroad company for properties adjoining that in controversy, but on the other hand all testify to knowledge of other sales in the vicinity and to familiarity with the properties affected, the fact, developed in cross-examination, that they did have knowledge of the price paid by the company for adjoining properties will not render them incompetent. 3. The refusal to allow on cross-examination two questions to be propounded to an expert witness, relating not to the land in controversy, but to properties in another part of the borough, intended to test the accuracy of the witness’s knowledge, and properly admissible, is not reversible error, where otherwise the widest latitude was given and many other questions of a somewhat similar character were asked and answered. Mr. Justice Mestbezat dissents.