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WARD v. COMMONWEALTH

390 Pa. 526 (1957)

Ward v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

November 22, 1957.

Attorney(s) appearing for the Case

Michael Halliday, with him John R. Rezzolla, Jr., Chief Counsel, Frank E. Roda, Assistant Attorney General, and Thomas D. McBride, Attorney General, for appellant.

Nathan Routman, with him Harvey E. Moore and Routman, Moore & Goldstone, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD and JONES, JJ.

OPINION BY MR. JUSTICE MUSMANNO, November 22, 1957:

On September 2, 1954, the Commonwealth of Pennsylvania condemned for highway purposes a certain portion of the land owned by the plaintiff Gordon Ward in the City of Sharon. The Board of Viewers awarded him $13,000. On appeal to the Court of Common Pleas, the jury fixed the damages at $16,000. The Commonwealth has appealed, seeking a new trial on the sole ground that it was not permitted at the trial to ask Gordon...

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