Pennsylvania Superior Court Reports Volume 23

Pennsylvania Superior Court Reports Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...amounts, and thus will-be able to enter proper judgment upon the verdict. That concludes everything except the small amount of damages that the plaintiff might be entitled to for an improper maintenance of it, if there is anything of that sort between the date of this notice and the date of this trial. But we will determine that matter if there is anything there that is proper to be considered--360, (1903). Statement of Facts--Points. we can determine what we will do with that when the time comes. REVERSAL OF RULING. The Court: At the time of the.former ruling made, which required the plaintiff to go for the permanent injury to the property, I was of the belief that admittedly all interested parties were before the court, and was greatly, perhaps unduly, influenced by a desire to promote the convenience of the parties and end litigation. With the developments brought about by the objection to this testimony, I have concluded that the defendant should not be permitted to take this as if taken under the right of eminent domain and have its permanent damages assessed unless it brings into this court all the parties interested, so that that assessment may be made in a single suit. I therefore will solve this matter by reversing that ruling, and ruling that the plaintiff here can only recover as in the former cases for the damage done her up to the time of trial, and will confine the trial to that. In that view of the matter, the objection is sustained. 8 Plaintiff presented this point: The paper filed by defendant on November 14, 1901, called an election, has no effect upon the assessment of damages in' this case, and the plaintiff is not entitled or bound to have the damages assessed on the basis of a permanent tort, or to recover for...
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Product details

  • Paperback | 282 pages
  • 189 x 246 x 15mm | 508g
  • United States
  • English
  • black & white illustrations
  • 1236935004
  • 9781236935007