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PERKINS ET AL. v. COMMONWEALTH (11/12/69)

decided: November 12, 1969.

PERKINS ET AL., APPELLANTS,
v.
COMMONWEALTH, DEPARTMENT OF HIGHWAYS



Appeal from judgment of Court of Common Pleas of Luzerne County, Oct. T., 1965, No. 575, in case of Clement W. Perkins et al. v. Commonwealth of Pennsylvania, Department of Highways.

COUNSEL

Richard M. Hughes, II, with him Jonathan C. Valentine, for appellants.

David A. Johnston, Jr., Assistant Attorney General, with him William C. Sennett, Attorney General, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Cercone, JJ. (Spaulding, J., absent). Concurring and Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 215 Pa. Super. Page 474]

Judgment affirmed.

Disposition

Judgment affirmed.

Concurring and Dissenting Opinion by Hoffman, J.:

This is an appeal from a judgment in the lower court in a condemnation matter.

Plaintiffs-appellants were the owners of 98.64 acres in Plains Township, Luzerne County, Pennsylvania. On October 5, 1961, the Department of Highways condemned 4.52 acres of this property for highway purposes. Appellants thereupon filed a petition for the appointment of a Board of View. A Board of View was appointed and filed an award in the amount of $21,000.00, plus detention damages, on December 22, 1966. An appeal from the Board's award was filed by the Commonwealth in the Court of Common Pleas of Luzerne County.

At trial, the jury returned a verdict of $4,500.00 without detention damages. Motions for new trial were denied and judgment was entered. This appeal followed on the grounds that: (1) the verdict was ...


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