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KOONTZ v. COMMONWEALTH

364 Pa. 145 (1950)

Koontz v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

January 3, 1950.

Attorney(s) appearing for the Case

D.J. Snyder, Jr., Associate Counsel, with him A. Frank Steiner, Special Counsel, Phil. H. Lewis, Deputy Attorney General and T. McKeen Chidsey, Attorney General, for appellant.

James Gregg, with him Portser, Gregg & McConnell and Raymond R. Cassidy, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.

OPINION BY MR. JUSTICE JONES, January 3, 1950:

The question here involved is whether an alleged taking by the Commonwealth of a portion of the plaintiff's property in connection with a certain highway improvement presented a question of fact for the jury or a question of law for the court on the basis of the evidence adduced at trial. It is the Commonwealth's contention that, according to the official highway plan approved by the Governor, none of the plaintiff's...

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