D'ALFONSO et ux. v. DEPT. OF TRANS.

Appeal, No. 977 Tr. Dkt. 1970.

5 Pa.Commw. 341 (1972)

D'Alfonso, et ux. v. Department of Transportation.

Commonwealth Court of Pennsylvania.

May 5, 1972.


Attorney(s) appearing for the Case

Nick D'Alfonso, for himself.

David A. Johnston, Jr., Assistant Attorney General, for appellee.

Argued February 24, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.


OPINION BY JUDGE CRUMLISH, JR., May 5, 1972:

This is an appeal from an order of the Court of Common Pleas of Beaver County, sitting en banc, affirming the trial judge's exclusion of certain evidence from jury consideration in a land condemnation case.

On February 14, 1968, the Pennsylvania Department of Highways filed a Declaration of Taking whereby it acquired 2.10 acres of land owned by appellants...

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