Swank v. Carnegie Natural Gas Co.

Citations

• 5 Pa. Super. 371
• 1897 Pa. Super. LEXIS 256

Syllabus

<p>Eminent domain — Damages—Evidence—Opinion of competent witness.</p> <p>On a trial to ascertain the true measure of damages for an easement appropriated, the jury must rely, to a very great extent, upon the opinion of competent witnesses who have knowledge superior to that possessed by the jury on the subject-matter in controversy.</p> <p>Evidence — Qualification of witness in land damage cases.</p> <p>A witness to be competent must have actual, personal knowledge of the facts affecting the subject-matter, a knowledge of the market value of the land, the extent and condition of its improvements, its quantity and productive equivalents, knowledge of the extent of the injury in the particular case and opportunity to learn the value of the property.</p> <p>' A witness is not disqualified from the fact that he went upon the ground, expecting to be a witness, examiued the construction of the pipe line and apparent effect thereof, the character of the soil, the effect of the entry of the carts, etc. and the general effect of the entry, it appearing that he lived twelve miles from the property, that he knew the value of farms in the country, not by actual sales, but by information derived from people living in the vicinity, and from general knowledge as a farmer of the value of lands in the neighborhood.</p>