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YOUNG v. UPPER YODER TOWNSHIP SCHOOL DISTRICT (11/30/55)

November 30, 1955

YOUNG
v.
UPPER YODER TOWNSHIP SCHOOL DISTRICT, APPELLANT.



Appeal, No. 123, March T., 1955, from judgment of Court of Common Pleas of Cambria County, Dec. T., 1952, No. 766, in case of P. C. Albert Young et ux. v. School District of the Township of Upper Yoder, Cambria County, Pennsylvania. Judgment affirmed.

COUNSEL

James R. Graham, with him Graham & Graham, for appellant.

George M. Spence, with him Spence, Custer, Saylor & Wolfe, for appellees.

Before Stern, C.j., Stearne, Jones, Musmanno and Arnold, JJ.

[ 383 Pa. Page 321]

OPINION PER CURIAM

The judgment entered in this case is affirmed on the following excerpts from the opinion of Judge GRIFFITH in the Court below:

"This is a motion for new trial made by the defendant after a verdict for the plaintiffs in the sum of $33,750.00 awarded by a jury and tried before the Honorable JOHN H. MCCANN, President Judge, now deceased.

"On June 2nd, 1952, the defendant School District condemned 6.426 acres of the plaintiffs' land for school purposes. The land so condemned was a portion of a tract containing 12.92 acres purchased by the plaintiffs on January 23rd, 1943, of which they had remaining at the time of the condemnation approximately 11 acres. The Viewers appointed by the Court of Quarter Sessions awarded the plaintiffs $13,500.00, and the present proceeding followed the plaintiffs' appeal from the Viewers' award. In 1941 the plaintiffs acquired a tract containing 20.673 acres, in 1943 the tract containing 12.92 acres, which is the subject of this proceeding, and

[ 383 Pa. Page 322]

    in 1947 a tract containing 9.381 acres, or a total of 42.974 acres of land in Upper Yoder Township, together with certain rights of ingress, egress and regress to public highways. Title was originally acquired by plaintiffs in the name of the Home Construction Company, which was wholly owned by them, but was later reconveyed to the plaintiffs without consideration.

"The plaintiffs erected and disposed of 29 dwellings and also 17 lots of vacant land upon 10 of which dwellings had been erected by the purchasers prior to June, 1952, when the portion of the land with which we are concerned was comdemned.

"After the Jury viewed the premises the case came on for trial and the testimony as to value was as follows:

Before Condemnation After Condemnation

P. C. Albert Young $68,640.00 $25,110.00

Dell Comiskey $67,850.00 $22,920.00

George Minno $81,469.00 $36,529.00

E. A. Hower $63,050.00 ...


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