McCUE v. COM. OF PA., DEPT. OF HIGHWAYS

No. 59 of 1965.

41 Pa. D. & C. 2d 415 (1966)

McCue v. Commonwealth of Pennsylvania, Department of Highways

Common Pleas Court of Chester County, Pennsylvania.

November 7, 1966.


Attorney(s) appearing for the Case

Fred T. Cadmus, 3rd, for plaintiff.

David H. Wheeler, for Commonwealth.


GAWTHROP, P. J., November 7, 1966.

The Commonwealth filed a motion for new trial after a verdict for plaintiffs in the sum of $35,500 in this highway condemnation case, in which the taking occurred on July 10, 1963, prior to the passage of the Eminent Domain Code, being the Act of June 22, 1964 (Special Session), P. L. 84, art. I, sec. 101, et seq., 26 PS §1-101 et seq. Of the five grounds assigned in support of the motion, only the first two are pressed; the...

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