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HOSTETTER v. COMMONWEALTH

367 Pa. 603 (1951)

Hostetter v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

May 21, 1951.

Attorney(s) appearing for the Case

Clarence C. Newcomer, with him Thomas C. Evans, Phil H. Lewis, Deputy Attorney General, Charles J. Margiotti, Attorney General, and Harold W. Budding, for appellant.

Paul A. Mueller, for appellee.

Before STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE BELL, May 21, 1951:

Plaintiff recovered a substantial verdict in a land damage case arising out of the relocation and widening (in 1947) of a State highway previously known as the New Holland Turnpike in Lancaster County. The real question involved is a narrow one — what was the width of the plaintiff's property which was taken; and that in turn depends on whether a legal taking (for highway purposes) by the Commonwealth's predecessor...

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