President of the Perkiomen & Reading Turnpike Road v. Berks County

Citations

• 196 Pa. 21
• 46 A. 98
• 1900 Pa. LEXIS 463

Syllabus

<p>Turnpike companies — Condemnation of road — Evidence.</p> <p>In proceedings to condemn 2,200 feet of a turnpike road thirty-three miles long, it is proper to reject evidence as to the value of the capital stock of the company, what it was appraised at by the officers of the company who made returns thereof to the state, and the market value of the company’s entire property.</p> <p>In a proceeding to condemn a portion of a turnpike road, where the evidence shows that an electric railway company which had laid its railway on the turnpike road had a right to do so, evidence as to an agreement between the two companies as to the amount or terms of compensation for the occupation of the turnpike by the railway, is immaterial.</p> <p>In a proceeding to condemn a portion of a turnpike road it is not error to refuse to admit in evidence an act of assembly forbidding the company to erect a toll gate on the portion of the line sought to be condemned, where there is no evidence that the toll gate upon such portion of the road had been erected subsequent to the passage of the act.</p> <p>Ap>peals — Assignments of error — Evidence.</p> <p>Assignments of error to the admission or rejection of evidence will not be considered by the Supreme Court which do not set forth the portion of the bill of exceptions in immediate connection with the rulings of which complaint is made.</p>