Parry v. Cambria & Indiana Railroad

Citations

• 247 Pa. 169
• 93 A. 336
• 1915 Pa. LEXIS 800

Syllabus

<p>Practice, Supreme Court — Appeals—Assignments of error — Defective assignments — Eminent domain — Condemnation proceedings — Marlcet value of land — Cost of fencing — Evidence—Relevancy.</p> <p>1. While it should affirmatively appear that witnesses called to testify to the value of land taken in condemnation proceedings, have actual knowledge of the facts which affect the value, assignments of error complaining of the admission of testimony on the ground that the witness has not qualified, will he overruled, where they are defective and misleading in omitting the preliminary examination of the witness, wherefrom his qualifications to testify sufficiently appear.</p> <p>2. In such proceedings evidence of the cost of additional fencing made necessary hy the taking, is competent not to establish a distinct item of damage, but as an element tending to detract from the market value of the land affected.</p>