Appeal, No. 145, Jan. T., 1963, from judgment of Court of Common Pleas of Centre County, April T., 1962, No. 76, in case of James G. Chiorazzi v. Commonwealth of Pennsylvania, Department of Highways. Judgment affirmed.
William W. Litke, with him Fleming & Litke, for appellant.
Michael R. Deckman, Assistant Attorney General, with him John R. Rezzolla, Jr., Chief Counsel, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellee.
Before Bell, C.j., Musmanno, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. CHIEF JUSTICE BEEL
The plaintiff-appellant was awarded $32,600 by a jury for taking the major part of his land, 68,660 square feet, (less than two acres) in State College Borough, Centre County, Pennsylvania, by the State Highway Department for a clover-leaf intersection in the highway. $4,600 was awarded for detention damages and $28,000 for actual damages. Plaintiff filed a motion for a new trial, which was denied by the Court.
The errors alleged are: (1) The trial Judge erred in excluding the testimony of appellant as to a contemplated
apartment house project. (2) The trial Judge erred in disallowing the cross-examination of the Commonwealth's witness, Frank Hench, regarding the appraised value of the Erb property which was adjacent to appellant's property. (3) The verdict was inadequate because of the difference between the viewers' award and the jury's verdict.
We shall dispose of appellant's contentions seriatim.
The contention that plaintiff should have been allowed to testify to his idea or concept of a future sixty-six apartment development is without merit, especially when no formal offer of proof was made. It is merely "speculation" which the law does not allow: E. M. Kerstetter, Inc. v. Commonwealth, 404 Pa. 168, 171, 171 A.2d 163; Ogden v. Pennsylvania R.R. Co., 229 Pa. 378, 384, 385, 78 A. 929.
Appellant's contention that he should have been able to cross-examine the Commonwealth's witness as to his appraisal of an adjacent property is equally without merit. Baker v. Department of Highways, 401 Pa. 512, 515, 516, 165 A.2d 243; Spiwak v. Allegheny County, 366 Pa. 145, 147, 77 A.2d 97. The question which was asked was: "What was your appraisal of the Erb property?" This was objected to by defense counsel, on the grounds that it was an entirely different property, probably had different buildings, and was in a different location. Furthermore, the witness's appraisal, as distinguished from market value or sale price, is not the test. More importantly, the trial Judge properly excluded this property valuation because it would raise collateral issues, and would not tend to impeach the credibility or good faith of ...