Coons v. McKees Rocks Borough

Citations

• 243 Pa. 340
• 90 A. 141
• 1914 Pa. LEXIS 625

Syllabus

<p>Roads and streets — Change of grade — Boroughs—Injury to leasehold — Damages—Amendment to statement — Agreement of counsel —Chose in action — Assignment—Verdict—Remittitur—Witnesses —Competency—Evidence.</p> <p>1. In a proceeding to recover damages for injuries resulting to a leasehold interest from a change of grade of a street, evidence of the necessity for and the proper costs of raising buildings to conform to the new grade is admissible, not as a separate item of damage or as an independent fact for the jury, but as an element bearing on and affecting the market value.</p> <p>2. In such case, the fact that a witness testified that he paid a certain amount for raising the buildings instead of stating the reasonable cost thereof does the defendant no substantial harm, where later in the trial the defendant shows on direct examination-by the man to whom the money was paid that the amount was a reasonable charge and that the work was worth what he received for it.</p> <p>3. Where in such case it appears from the record that the lessee assigned his lease and claim for damages, and that the assignee thereof did and subsequently her executor assigned such lease and claim to the use plaintiff, and that by agreement of counsel a stipulation that the case should be proceeded with and tried on its merits was filed of record, it was not error for the court to admit in evidence the assignment of the claim for damages to the testatrix and the will of such testatrix, which were offered as part of the line of proof to explain the title of the use plaintiff.</p> <p>4. The competency of a witness to express an opinion regarding the value of a leasehold has been sufficiently shown where the witness testifies that he was the former owner of the leasehold and had a general familiarity with values in the neighborhood, and the admission of his testimony was not reversible error, especially where, subsequent to his examination, evidence consistent with his testimony and sufficient