YOHN v. PA. DEPT. HIGHWAYS

No. 27.

43 Pa. D. & C. 2d 333 (1967)

Yohn v. Comm. Pennsylvania Department of Highways

Common Pleas Court of Chester County, Pennsylvania.

July 20, 1967.


Attorney(s) appearing for the Case

Fred T. Cadmus, 3rd, for plaintiffs.

Sydney H. Weiss, for defendant.


KURTZ, J., July 20, 1967.

In this condemnation case, in which the Commonwealth condemned a portion of plaintiffs' property prior to the adoption of the Eminent Domain Code, the Act of June 22, 1964, P. L. 84, 26 PS §1-101, for the construction of a limited access highway, the trial judge charged the jury, inter alia, as follows:

"You will take into account also, we think, the fact that heretofore the Yohn driveway went right out onto 202, and Mr. and...

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