Harrisburg, Carlisle & Chambersburg Turnpike Road Co. v. Cumberland County

Citations

• 225 Pa. 467
• 74 A. 340
• 1909 Pa. LEXIS 686

Syllabus

<p>Practice, C. P. — Verdict—Excessive verdict — Appeals—Act of May 20, 1891, P. L: 101.</p> <p>1. The power conferred by the Act of May 20, 1891, P. L. 101, in the appellate courts to review the action of the court below in refusing to grant a new trial because of an alleged excessive verdict, will not be exercised except in extreme cases where the injustice of allowing an excessive verdict to stand is so manifest as to show a clear abuse of discretion by the trial court.</p> <p>Turnpike companies — Condemnation of road — Damages—Evidence.</p> <p>2. In a proceeding against a county to assess damages for the taking of a turnpike road, the jury, may consider the physical condition of the roadbed, the net amount of tolls received, or that would be received under a better management, the market value of the stock, and the value which the road might have for use by an electric railway, if there is a reasonable prospect of such use.</p>