Friday v. Pennsylvania Railroad

Citations

• 204 Pa. 405
• 54 A. 339
• 1903 Pa. LEXIS 817

Syllabus

<p>Railroads—Eminent domain—Evidence—Qualifications of experts— Cross-examination.</p> <p>A witness to be qualified to testify as to land values should be familiar with the property in question, its area, and the uses to which it may reasonably be applied, the extent and condition of its improvements, and a knowledge of the general selling price of ground in the neighborhood at the time.</p> <p>In fixing the general selling price such price is not to be shown by particular sales, of alleged similar lots, but it is to be fixed in the mind of the witness from a knowledge of the price at which lots are generally held for sale and at which they are sometimes actually sold in the course of ordinary business in the neighborhood.</p> <p>Testimony for this purpose should not be accepted against objection upon the mere assertion of the witness that he knows the values. His averment should be tested by having him designate the properties in the vicinity with which he is acquainted, and set forth the source of his knowledge of their values; he should be able to give a satisfactory reason for his opinion and show that it rests upon a substantial foundation, and is not a mere guess.</p> <p>Whore a witness offered as an expert has testified as to his qualifications, an opportunity should be afforded to the opposing side to cross-examine him, before he is permitted to express an opinion as to values.</p> <p>Where a witness has given his opinion as to value, and then states that he would give that amount for the property, the court should not charge the jury in such a manner as to leave the impression upon their minds that the estimate of the witness was entitled to great weight by reason of his apparent willingness to back it up, by taking the properly himself at the figure named.</p>