TANTALAS v. COMMONWEALTH


392 Pa. 315 (1958)

Tantalas v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

May 2, 1958.


Attorney(s) appearing for the Case

John Alan Conte, with him John R. Rezzolla, Jr., Chief Counsel, Department of Highways, Frank E. Roda, Assistant Attorney General, Thomas D. McBride, Attorney General, and Conte and Courtney, for appellant.

George W. Lucas, with him James B. Ceris, for appellees.

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


OPINION BY MR. JUSTICE MUSMANNO, May 2, 1958:

It is the position of the appellant Commonwealth in this case, which involves eminent domain proceedings, that once it has introduced in evidence a highway plan approved by the Governor — which plan reveals that no ground was taken from the person whose property adjoins the highway under construction or improvement — no further factual inquiry is in order. Thus, the Commonwealth contends that the verdict...

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