Pennsylvania State Reports Volume 229 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1911 Excerpt: ... Opinion of the Court. 229 Pa. evidence. The witness who testified as an expert to their genuineness had sufficient qualifications. The assignments of error are overruled and the judgment is affirmed. Burns v. Pennsylvania Railroad Company, ppellant. Railroads--Condemnation proceedings--Evidence--Settlement of litigation. 1. In a proceeding to assess damages for land condemned by a railroad company, it is improper to admit evidence to the effect that, after the land was taken and bond filed, an agent of the company offered to settle the litigation for an amount stated, as shown by a witness for the plaintiff and an unsigned agreement which had been prepared to carry out this settlement. 2. In such a case where the plaintiff offers in evidence a deed from another person to the railroad company for lots adjacent to lots of the plaintiff, which had been condemned, and it appears that the consideration named in the deed was a lump sum which covered not only the lots named in the deed, but some additional land, included in the deed the railroad company is entitled to show how the consideration was made up and what was paid for each of the lots, and what was paid for the additional land. Argued Oct. 18, 1910. Appeal, No. 32, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1905, No. 398, on verdict for plaintiff in case of Thomas Burns v. Pennsylvania Railroad Company. Before Fell, C. J., Mestrezat, Potter, Stewart and Moschzisker, JJ. Reversed. Appeal from award of jury of view. Before MacfarLane, J. At the trial, when plaintiff, Thomas Burns, was on the stand, the following question was asked him: "Q. It was testified by Mr. Walter that he didn't know whether he made you an offer about the time of this con1911. Statement of Fac...