Clemens v. Philadelphia Electric Co.

Commonwealth Court of Pennsylvania

Clemens v. Philadelphia Electric Co.

447 A.2d 1111, 68 Pa. Commw. 22, 1982 Pa. Commw. LEXIS 1432

Commonwealth Court of Pennsylvania·Decided July 28, 1982·No. Appeal, No. 1196 C.D. 1981·Published

Opinion

Opinion by

Judge Rogers,

This is the appeal of landowners from an order granting the condemnor of part of their property a new trial because the landowners’ valuation expert, over objection, was permitted to testify to his opinion of the value of the landowners’ entire property as being the sum of the values he had assigned to several parts of the property, although the property was never subdivided other than in the witness’s mind. We affirm the order below on the opinion of Judge Louis D. Stefan reported at Clemens v. Philadelphia Electric Company, Pa. D. & C.3rd ( ), 109 Montgomery Co. L.R. 31 (C.P. Pa. 1981).

Order

And Now, this 28th day of July, 1982, the order of the Court of Common Pleas of Montgomery County dated April 29, 1981 and docketed to No. 78-13173 is affirmed.

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Opinion by

Judge Rogers,

This is the appeal of landowners from an order granting the condemnor of part of their property a new trial because the landowners’ valuation expert, over objection, was permitted to testify to his opinion of the value of the landowners’ entire property as being the sum of the values he had assigned to several parts of the property, although the property was never subdivided other than in the witness’s mind. We affirm the order below on the opinion of Judge Louis D. Stefan reported at Clemens v. Philadelphia Electric Company, Pa. D. & C.3rd ( ), 109 Montgomery Co. L.R. 31 (C.P. Pa. 1981).

Order

And Now, this 28th day of July, 1982, the order of the Court of Common Pleas of Montgomery County dated April 29, 1981 and docketed to No. 78-13173 is affirmed.

Clemens v. Philadelphia Electric Co., 447 A.2d 1111, 68 Pa. Commw. 22, 1982 Pa. Commw. LEXIS 1432 (Pa. Ct. App. 1982).

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