Burkhard v. Pennsylvania Water Co.
Burkhard v. Pennsylvania Water Co.
Opinion of the Court
This appeal is by the plaintiffs in an issue to determine the amount of damages which they have sustained by the taking of their land by the defendant under its right of eminent domain. The first assignment, which charges error in the order of the court below overruling exceptions to a bond filed, is in palpable disregard of rule 26. We cannot learn from it the character of the bond filed, or what exceptions were taken thereto. Assignments of error constitute an essential part of the pleadings before us, and as such must be so complete in themselves as not to require reference to other parts of the record presented for our consideration: Cessna’s Est., 192 Pa. 14; North Mountain Water Supply Company v. Troxell, 223 Pa. 315. We gather from the printed argument of counsel for appellants that the bond referred to in the first assignment was to secure the payment of damages for land taken by the appellee, and that the exceptions to it set forth that the appellee had made no effort to agree with the owners of the property as to the amount.of damages sustained. But there is an admission in the same printed brief that an ineffectual effort had been made by the appellee to agree with Mrs. Burkhard, one of the joint owners. Upon failure to agree with her, the Only course open to the water company was to file its bond. Aside from this, however, the
Judgment affirmed.
Reference
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- Practice, Supreme Court — Appeals—Assignments of error — Defective assignments. 1. Assignments of error constitute an essential part of the pleadings before the Supreme Court and as such must be so complete in themselves as not to require reference to other parts of the record; an assignment charging error in the order of the court below over-, ruling exceptions to a bond filed in condemnation proceedings is in. palpable disregard of rule 26, where it fails to show the character of the bond filed or what exceptions were taken thereto. Water companies — Eminent domain — Bond to secure damages— Evidence — Witnesses—Experts. 2. On appeal from an award of a jury of view in proceedings to condemn property for the use of a water company, exceptions to the bond filed to secure the payment of damages, which complained that no effort was made to agree with the owners of the property as to the amount of damages sustained are properly dismissed, as the filing of the bond is evidence of the inability of the parties to agree on the damages. ■ 3. The court makes no error in such case in refusing to allow an expert witness called by the plaintiffs to give his opinion as to the value of land taken where the witness on cross-examination and in reply to a question by the court, stated that he did not have and did not pretend to have any knowledge of the market value of the land taken or of the value of the land in its vicinity.