Whitcomb v. Philadelphia
Citations
- 264 Pa. 277
- 107 A. 765
- 1919 Pa. LEXIS 636
Syllabus
<p>Municipalities — Eminent domain — Sewage disposal plant — Damages — Evidence-—Prospective development — Plans—Hearsay.</p> <p>1. In a proceeding to assess damages for land condemned by a city for a sewage disposal plant, where it appears that the land was below the level of high tide in two neighboring rivers and a tidal creek, and where it also appears that, notwithstanding the low level of the land, the owner claimed that it was adapted for manufacturing establishments, it is proper to admit evidence as to how the property was protected at the time of the taking by a well constructed system of dykes, ditches and pumping stations, and also that on a tract of neighboring, although not contiguous land, of the same general composition, there had been built a large manufacturing establishment. The opinion of a witness based on these facts as to the availability of the land for industrial sites, is clearly competent.</p> <p>2. Such testimony, however, would come to naught, if the owner did not show that there was a demand, at the time of the taking, for the land for manufacturing purposes, or that a demand in the near future might reasonably be anticipated. For this purpose he may offer proof that similarly located land in the neighborhood was being extensively used for manufacturing sites, and that offers had been made to buy the land, or part of it, as a manufacturing site at or about the time it had been taken. The individual who communicated the offer, the man to whom it was communicated, and any one standing by who heard it, would be competent to testify to the fact that an offer had been made but not as to the amount of such offer. Such testimony would not be hearsay.</p> <p>3. A witness may testify as to the use of properties similarly situated in the same neighborhood, having the same general elements as the property in question. If the property extends to a county line, reference to land in the adjoining county, in like use, is proper.</p> <p>4. It is also p
Judges: Brown, Frazer, Kephart, Moschzisker, Walling
Read full opinion on CourtListenerCited by
36 cases in this archive cite this case; the 20 most cited are listed.
- Sack v. FeinmanSupreme Court of Pennsylvania· 1980-04-30· cited 90×
- Gradison v. StateIndiana Supreme Court· 1973-08-14· cited 81×
- Hughes v. Com., Dept. of Transp.Supreme Court of Pennsylvania· 1987-04-06· cited 41×
- Erie City v. Public Service CommissionSupreme Court of Pennsylvania· 1924-01-07· cited 41×
- Wolf v. CommonwealthSupreme Court of Pennsylvania· 1961-05-02· cited 39×
- State Ex Rel. Morrison v. Jay Six Cattle Co.Arizona Supreme Court· 1960-06-08· cited 37×
- Waugh v. CommonwealthSupreme Court of Pennsylvania· 1958-11-25· cited 31×
- In Re De Facto Condemnation & Taking of Lands of WBF AssociatesSupreme Court of Pennsylvania· 2006-08-22· cited 30×
- Pennsylvania Co. for Insurances on Lives v. PhiladelphiaSupreme Court of Pennsylvania· 1920-12-31· cited 27×
- State Ex Rel. Kashiwa v. ConeyHawaii Supreme Court· 1962-06-07· cited 26×
- Gitlin v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania· 1956-03-13· cited 17×
- United States ex rel. Tennessee Valley Authority v. An Easement & Right-of-Way Over 6.09 Acres of LandN.D. Alabama· 2015-10-21· cited 17×
- Marposon v. StateIndiana Supreme Court· 1972-10-19· cited 16×
- Adams v. New KensingtonSupreme Court of Pennsylvania· 1953-05-25· cited 8×
- Bolus v. County of MonroeCommonwealth Court of Pennsylvania· 1994-11-22· cited 6×
- Commonwealth v. 21.1 Acres of LandCommonwealth Court of Pennsylvania· 1981-08-20· cited 6×
- Kelly v. Redevelopment AuthorityAlleghany County Court of Common Pleas· 1961-11-22· cited 5×
- Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania· 1919-07-17· cited 4×
- Miles's EstateSupreme Court of Pennsylvania· 1922-02-13· cited 3×
- Treser v. General State AuthoritySuperior Court of Pennsylvania· 1959-09-16· cited 3×
Cites
6 cases in this archive are cited by this case.
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. PhiladelphiaSupreme Court of Pennsylvania· 1918-10-23· cited 72×
- Marine Coal Co. v. Pittsburgh, McKeesport & Youghiogheny RailroadSupreme Court of Pennsylvania· 1914-07-01· cited 23×
- Wayne v. Pennsylvania RailroadSupreme Court of Pennsylvania· 1911-05-01· cited 21×
- Hoffman v. PhiladelphiaSupreme Court of Pennsylvania· 1915-05-26· cited 19×
- Hoffman v. PhiladelphiaSupreme Court of Pennsylvania· 1918-06-03· cited 16×
- Hirsch v. North Braddock BoroughSupreme Court of Pennsylvania· 1916-01-03· cited 4×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.