Knickerbocker Ice Co. v. Philadelphia
Knickerbocker Ice Co. v. Philadelphia
Opinion of the Court
Opinion by
In the court below appellant claimed damages for depreciation in the market value of its property caused
We cannot see how the deed of dedication for the bed of Fifty-third street had anything to do with determining the damages to plaintiff’s property caused by the change of grade of Whitby avenue. The learned trial judge correctly instructed the jury as follows: “You will have to find out what the property was worth before this change was made, and what the property was worth after the change of grade, the difference, if you find that there is a difference, is the plaintiff’s damage.”
As to the witness Lee, we cannot say in view of what is disclosed by the record as to his qualifications to testify upon the question of values, that his testimony was improperly excluded. When the case is again tried it will be proper to show his competency as a witness familiar with the value of the property before and after the change of grade, and when this is done, if it be satisfactorily done, there can be no question as to his right to testify.
From what has been said it follows that the settlement certificates referred to in the assignments of error were improperly admitted.
All those assignments of error relating to questions concerning Fifty-third street, the deed of dedication and settlement certificates are sustained. When the case is again tried this evidence will be excluded.
Judgment reversed and a venire facias de novo awarded.
Reference
- Full Case Name
- The Knickerbocker Ice Company of Philadelphia v. Philadelphia
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- 2 cases
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- Syllabus
- Road law — Change of grade — Intersecting unopened streets — Irrelevant evidence — New trial — Incompetent witness. 1. A street laid out but not opened cannot be taken into consideration in assessing the damages caused by the opening or change of grade of another street upon the same property. The damages which the abutting owner is entitled to recover are to be determined by considering the depreciation of the market value of the property caused by the opening or grading of the street and have no connection with the street not opened, or graded. 2. In a change of grade proceeding, it is immaterial to the issue whether the grade causing the damage has been fixed and determined in accordance with the grade of an intersecting street. 3. On appeal from an award of a Board of Viewers in a change of grade proceeding, it is error to admit evidence relating to the circumstances surrounding the alleged dedication of an unopened intersecting street abutting upon the same property, and to a release of the damages which might result from the opening of such street; and where in such case it appeared that the jury had rendered a verdict for defendant municipality whereas the Board of Viewers had awarded the plaintiff substantial damages, a new trial was granted. 4. Where in such case the president of the company which owned the land alleged to be damaged was questioned as to the depreciation in value of the property after the change of grade, the court made no error in exeluding this testimony where such witness had not been shown to be an expert in real estate values.