Catlin v. Northern Coal & Iron Co.

Citations

• 225 Pa. 262
• 74 A. 56
• 1909 Pa. LEXIS 646

Syllabus

<p>Railroads — Eminent domain — Damage—Evidence—Witness—Expert —Exception—Assignment of errors — Appeals.</p> <p>1. Witnesses in condemnation proceedings should not be permitted to express ah opinion as to values until they show by a preliminary examination that they have knowledge of the land, its area, improvements, the uses for which adapted, and the general selling price in the neighborhood.</p> <p>2. An exception taken to the action of a trial judge in permitting witnesses'to express an opinion as experts after their preliminary examination, will not cover subsequent rulings on offers and questions to which no separate exceptions are taken.</p> <p>3. A single assignment of error to the refusal of the court below to strike out the testimony of a large number of witnesses violates rule 29. Each error relied on must be made the subject of a separate assignment.</p> <p>4. In a proceeding to assess damages for land condemned by a railroad company, the jury may consider the availability of the land for sale as building lots, if it appears that lots, streets and alleys were actually laid and marked on the ground; that the lots were located in a section of a city desirable for building purposes, and that they were available and on the market for sale as building lots at the time the railroad company entered; and this is the case although no lot had been actually sold because of the high price at which they were held.</p>