Opinion

Shotts v. Pennsylvania Turnpike Commission

  • 431 Pa. 83
  • 243 A.2d 326
  • 1968 Pa. LEXIS 593
Court
Supreme Court of Pennsylvania
Filed
Jul 1, 1968
Status
Published
Author
Bell
On the bench
Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
Cited by
3 cases
Authority
More cited than 9.0%

The opinion

Dissenting Opinion by

Mr. Chief Justice Bell :

I dissent and would grant a new trial, because the jury’s verdict is not only against the great weight of the evidence * — far beyond even the value of the property fixed by the owner’s own witness and three times the value fixed by the Commonwealth’s witness — but is so shocking as to be clearly a miscarriage of Justice. Feltovich v. City of Sharon, 409 Pa. 314 , 186 A. 2d 247 ; Frisina v. Stanley, 409 Pa. 5 , 185 A. 2d 580 ; Bohner v. Eastern Express, Inc., 405 Pa. 463 , 175 A. 2d 864 ; Clewell v. Pummer, 388 Pa. 592 , 131 A. 2d 375 .

As to the award of a jury of view, see Mazur v. Commonwealth, 390 Pa. 148 , 134 A. 2d 669 ; as to the weight to be given the testimony of an owner of property, see Lenik Condemnation Case, 404 Pa. 257 , 172 A. 2d 316 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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