Opinion
March 15, 1962.
April 17, 1962.
Eminent domain — Evidence — Damages — Value of land — Price paid — Amount of offer — Delay in payment — Exorbitant demand by landowner — Identifying members of Redevelopment Authority.
1. In this eminent domain case in which it appeared that the property owners acquired title to an ice manufacturing plant on May 1, 1952 for a consideration of $28,000, that it was condemned by a redevelopment authority in December 1958 and was valued by a board of viewers at $131,250, and thereafter a jury found a verdict for the property owners in the sum of $130,000 with no damages for delay in payment; and it further appeared that the property owner testified in direct examination that the fair value of the property was $510,000; and that on direct examination the director of the redevelopment authority testified to the nature of the authority and identified the members of it as prominent citizens, it was Held that (1) in view of the property owners' opinion testimony that the property purchased in May 1952 for $28,000 was worth $510,000 in December 1958, the trial court properly permitted him to be cross-examined concerning the purchase price on the issue of his credibility; (2) in view of the fact that the property owner testified that in his opinion the land was worth $510,000 at the time of condemnation, the jury could properly find that he was not entitled to compensation for delay in payment; (3) the amount of an offer for the condemned land was properly excluded from evidence; and (4) testimony which identified the members of the redevelopment authority as prominent citizens was relevant and admissible.
2. Wolf v. Commonwealth, 403 Pa. 499, distinguished.
Mr. Justice O'BRIEN took no part in the consideration or decision of this case.
Before BELL, C. J., MUSMANNO, JONES, COHEN and EAGEN, JJ.
Appeals, Nos. 161 and 162, March T., 1962, from judgment of Court of Common Pleas of Allegheny County, July T., 1960, No. 2683, in case of Edward Kelly and Thomas A. Kelly v. Redevelopment Authority of Allegheny County. Judgment affirmed.
Same case in court below: 26 Pa. D. C.2d 662.
Eminent domain proceeding on appeal from $131,250 award of board of viewers. Before McKENNA, JR., J.
Verdict entered for plaintiffs in amount of $130,000, plaintiffs' motion for new trial refused and judgment entered. Plaintiffs appealed.
William Claney Smith, with him Charles F. Dean, for appellants.
Sylvan Libson, for Redevelopment Authority of Allegheny County, appellee.
Judgment affirmed on opinion of Judge J. FRANK McKENNA, JR., 26 Pa. D. C.2d 662.
Mr. Justice O'BRIEN took no part in the consideration or decision of this case.