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BRAUGHLER v. COMMONWEALTH

388 Pa. 573 (1957)

Braughler, Appellant, v. Commonwealth.

Supreme Court of Pennsylvania.

April 26, 1957.

Attorney(s) appearing for the Case

Lee C. McCandless, with him James L. Jack, Jr., for appellants.

G.S. Parnell, Sr., with him G.S. Parnell, Jr., and Parnell & Parnell, Special Counsel, John R. Rezzolla, Chief Counsel, Joseph L. Donnelly, Deputy Attorney General, and Thomas D. McBride, Attorney General, for appellees.

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

OPINION BY MR. JUSTICE CHIDSEY, April 26, 1957:

This is an appeal from the grant of a new trial in an eminent domain proceeding.

On January 23, 1951 the Governor of the Commonwealth approved plans for the relocation of State Highway Route 80 which traversed the appellants' property in Rayne Township, Indiana County. The relocated highway extended through appellants' property for a distance of 1,375 feet. Both the old and the new highway ran along a steep hillside...

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