Brennan v. Pittsburg & Connellsville Railroad

Citations

• 230 Pa. 228
• 79 A. 501
• 1911 Pa. LEXIS 593

Syllabus

<p>Railroads — Eminent domain — Witnesses • — • Competency — Cross-examination — Harmless error.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>Mr. Justice Mestbezat dissents.</p>