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DARLINGTON BRICK & MIN. CO. v. COM.

407 Pa. 660 (1962)

Darlington Brick & Mining Company, Appellant, v. Commonwealth.

Supreme Court of Pennsylvania.

June 28, 1962.

Attorney(s) appearing for the Case

Robert L. Orr, with him Reed, Ewing, Orr & Reed, for appellant.

Raymond L. Brennan, Assistant Attorney General, with him Robert W. Cunliffe, Assistant Attorney General, John R. Rezzolla, Jr., Chief Counsel, and David Stahl, Attorney General, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE MUSMANNO, June 28, 1962:

The plaintiff, Darlington Brick & Mining Company, appeals from the refusal of the court below to grant a new trial. The case involves eminent domain proceedings. The plaintiff company owns property in South Beaver Township, Beaver County, part of which was taken by the Commonwealth of Pennsylvania for the construction of a state highway. A jury in the court of common pleas returned a verdict in favor of the

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