COM., DEPT. OF TRANS. v. HAYDU et al.


1 Pa.Commw. 561 (1971)

Commonwealth of Pennsylvania, Department of Transportation v. Louis and Anna G. Haydu, M.F. Fetterolf Coal Company, Inc., Helen S. Wagner and Jane Hamer Cooper, Executrix of Kerby N. Hamer Estate.

Commonwealth Court of Pennsylvania.

April 14, 1971.


Attorney(s) appearing for the Case

Ralph B. Pinskey, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Fred Speaker, Attorney General, for appellant.

Joseph N. Cascio, with him Fike, Cascio & Boose, and Frank A. Orban, Jr., for appellee.

Argued February 18, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.


OPINION BY JUDGE ROGERS, April 14, 1971:

This appeal is from judgments entered upon a jury verdict after trial of an eminent domain case.

By deed dated May 6, 1948, Lewis Gerosin and Florence, his wife, granted and conveyed unto Kenneth H. Wagner "all that coal known and designated as bed `E' and all coal above bed `E' lying, being in, or upon" a tract of land in Conemaugh Township, Somerset County. On May 7, 1948, Kenneth H. Wagner and Helen S., his wife...

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