HASENFLU v. COMMONWEALTH


406 Pa. 631 (1962)

Hasenflu, Appellant, v. Commonwealth.

Supreme Court of Pennsylvania.

March 20, 1962.


Attorney(s) appearing for the Case

Donald R. McKay, with him Wiesen, Cusick, Madden, Joyce, Acker & McKay, for appellant.

Frank E. Roda, Special Assistant Attorney General, with him Donald Blanken and Robert Cunliffe, Assistant Attorneys General, John R. Rezzolla, Jr., Chief Counsel, and David Stahl, Attorney General, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE BENJAMIN R. JONES, March 20, 1962:

The basic question raised on this appeal is whether the court below erred in refusing a new trial to the landowner in an eminent domain proceeding.

On September 2, 1954 — the date of condemnation by the Commonwealth — John D. Hasenflu (Hasenflu) owned a three acre tract of land in Sharon, Pa. On this land four buildings were at that time located; a frame building used generally for office...

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