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BERKLEY v. JEANNETTE

373 Pa. 376 (1953)

Berkley v. Jeannette, Appellant.

Supreme Court of Pennsylvania.

April 13, 1953.

Attorney(s) appearing for the Case

Fred B. Trescher, with him Robert Wm. Garland, City Solicitor, for appellant.

A.C. Scales, with him Joseph M. Loughran and Scales & Shaw, for appellees.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE JONES, April 13, 1953:

At the trial of the plaintiffs' appeal from an award of viewers for damages to their property due to the condemnation of a portion by the defendant municipality, the jury returned a verdict in the sum of $6,000. The court en banc refused the defendant's motion for a new trial conditioned upon the plaintiffs' filing a remittitur for $1,000 which was done. Judgment for $5,000 was accordingly entered and the defendant appealed...

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