Neely v. Western Allegheny Railroad

Citations

• 219 Pa. 349
• 68 A. 829
• 1908 Pa. LEXIS 572

Syllabus

<p>Railroads — Condemnation proceedings — Experts—Evidence.</p> <p>In a railroad condemnation case the test of value is not the price paid for a particular property, but the general selling price of land in the vicinity, and evidence of particular sales is not admissible to establish market value.</p> <p>A witness may be asked as to the particular sales to ascertain whether he knew of and considered them in forming an opinion as to value, and it may be shown for the purpose of affecting the weight of the opinion he has given, that it is based on a misapprehension of the facts. But to show value by comparison with other lands or to attempt to weaken the testimony of a witness by showing that his opinion was not based on a proper comparison of properties is open to the same objection that excludes testimony as to particular sales.</p>