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MAZUR v. COMMONWEALTH

390 Pa. 148 (1957)

Mazur v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

September 30, 1957.

Attorney(s) appearing for the Case

John E. Lavelle, with him Joseph M. Donnelly, Deputy Attorney General, John R. Rezzolla, Jr., Chief Counsel, Department of Highways, for appellant.

John W. Schmitthenner, with him Paris J. DeSantis, for appellee.

Before JONES, C.J., CHIDSEY, MUSMANNO, ARNOLD and JONES, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, September 30, 1957:

This appeal is from an order granting a new trial in an action to determine the damages due the plaintiff husband and wife for the Commonwealth's appropriation of a portion of their land for highway purposes in an exercise of the condemnor's power of eminent domain. A board of view awarded the plaintiffs $10,000 which the Commonwealth appealed to the court of common pleas...

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