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WAUGH v. COMMONWEALTH.

394 Pa. 166 (1958)

Waugh v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

November 25, 1958.

Attorney(s) appearing for the Case

Leonard M. Mendelson, with him John W. Mamula, Frank E. Roda, Assistant Attorney General, and Thomas D. McBride, Attorney General, and John R. Rezzolla, Jr., Chief Counsel, Department of Highways, for appellant.

J. Alfred Wilner, with him James Craig Kuhn, Jr., and Wilner, Wilner and Kuhn, for appellees.

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

OPINION BY MR. JUSTICE BENJAMIN R. JONES, November 25, 1958:

This appeal presents a very narrow issue; in an eminent domain action, in which no evidence was introduced as to the normal commercial rate of interest during the period of detention, should the trial court have instructed the jury to award detention money1 (1) at the rate of 6% per annum or (2) at any rate the jury saw fit, not...

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