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ESTATE JOHN C. KUNKEL v. COUNTY DAUPHIN. ESTATE JOHN C. KUNKEL (10/18/76)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 18, 1976.

ESTATE OF JOHN C. KUNKEL, DECEASED
v.
COUNTY OF DAUPHIN. ESTATE OF JOHN C. KUNKEL, DECEASED, APPELLANT

Appeal from the Order of the Court of Common Pleas of Dauphin County in case of Estate of John C. Kunkel, deceased v. County of Dauphin, No. 1268 June Term, 1974.

COUNSEL

Donn L. Snyder, with him Berman, Boswell, Snyder & Tintner, for appellant.

Robert L. Knupp, Assistant Solicitor, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr., and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 26 Pa. Commw. Page 588]

The present appeal concerns the propriety of the trial judge's order directing the Estate of John C. Kunkel, Appellant, to file a remittitur or suffer the granting of the County of Dauphin's, Appellee, motion for a new trial.

This controversy arose when Appellee filed a Declaration of Taking involving, inter alia, land owned by Appellant. Appellant, dissatisfied with the award of the Board of View, appealed to the Court of Common Pleas of Dauphin County. After expert testimony from both sides, the court, jury and counsel viewed the property. The jury then rendered a verdict in favor of Appellant in the amount of $63,000.00. After a motion for a new trial was filed by Appellee, the trial judge ordered a remittitur or a new trial. Judge Lipsitt has most ably presented both the facts and the law in his opinion below, and for these reasons, we adopt his opinion, which can be found at: 98 Dauphin 71 (1976).

Affirmed.

Order

And Now, this 18th day of October, 1976, the order of the Court of Common Pleas of Dauphin County is hereby affirmed.

Disposition

Affirmed.

19761018

© 1998 VersusLaw Inc.



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