Kindred v. City of Philadelphia

Citations

• 239 Pa. 329
• 86 A. 873
• 1913 Pa. LEXIS 567

Syllabus

<p>Eminent domain — Opening of streets — Damages—Evidence— Amount of fill required — Harmless error.</p> <p>In a proceeding to recover compensation for damages to plaintiff’s property occasioned by the opening of a street at a grade above the natural surface, the plaintiff was permitted to show by a civil engineer the amount of fill required to bring the land to the new grade, in advance of any evidence that the inconvenience created by the city’s improvement would have affected the market value, and in the absence of all evidence that any filling would be required for the proper use and development of the property. The witness did not testify as to the amount of depreciation on the property or say that such filling would be required to make the property marketable, and it did not appear that his testimony was relied upon by the other witnesses, as to amount of fill required to restore the property to its former value, or that it entered into the verdict of the jury. Held, that the admission of this testimony, while objectionable, did not constitute reversible error.</p> <p>Potter and Moschzisker, JJ., dissent.</p>