READE v. COMMONWEALTH

Nos. 1554 and 2519.

33 Pa. D. & C. 2d 747 (1964)

Reade v. Commonwealth

Common Pleas Court of Allegheny County, Pennsylvania.

July 2, 1964.


Attorney(s) appearing for the Case

Leonard M. Mendelson, for plaintiff.

M. J. O'Malley, for Commonwealth.


WEIR, J., July 2, 1964.

This is an ancillary issue arising in an eminent domain case wherein the Highways Department of the Commonwealth damaged residential property by a partial taking. The sole question involved is the propriety of taxing as costs against the Commonwealth the engineering fee incurred by the condemnee in the preparation of the plan of the property which was used in the legal proceedings. The Act of April 27, 1925, P. L. 310, sec. 1, 26 PS §1...

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