E.M. KERSTETTER, INC. v. COM.


404 Pa. 168 (1961)

Earl M. Kerstetter, Inc. v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

May 25, 1961.


Attorney(s) appearing for the Case

David E. Abrahamsen, Deputy Attorney General, with him Anne X. Alpern, Attorney General, for Commonwealth, appellant.

C. Edmund Wells, with him Wells, Campbell & Reynier, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE BOK, May 25, 1961:

This is the Commonwealth's appeal from what it considers an excessive judgment for compensation in an eminent domain case.

The facts are that appellee signed an agreement of sale for 9 3/4 acres of land in the Borough of Pottstown on February 3, 1956, and at settlement held on April 24, 1956, received a deed for it. On August 30, 1956, the Commonwealth condemned 3.2 acres, isolating and rendering useless .84 acre and...

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