WERNER v. COM., DEPT. OF HWYS.


432 Pa. 280 (1968)

Werner v. Commonwealth, Department of Highways, Appellant.

Supreme Court of Pennsylvania.

November 12, 1968.


Attorney(s) appearing for the Case

George R. Specter, Assistant Attorney General, with him Robert W. Conliffe and John R. Rezzolla, Assistant Attorneys General, and William C. Sennett, Attorney General, for Commonwealth, appellant.

Donald R. McKay, with him Martin E. Cusick, Errol Fullerton, and Cusick, Madden, Joyce & McKay, for appellees.

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


OPINION BY MR. JUSTICE JONES, November 12, 1968:

This is an appeal by the Commonwealth from a judgment entered on a jury verdict awarding appellees, Harry A. and Astrid M. Werner and Mahoning Valley Sand Company, a total of $312,333.33 damages for the condemnation of 21.1308 acres.

On February 27, 1957, the Commonwealth, acting through the Department of Highways, condemned for road construction purposes 21.1308 acres of a 266.32 acre tract owned by appellees...

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