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ST. CLAIR CEM. ASSN. v. COMMONWEALTH

390 Pa. 405 (1957)

St. Clair Cemetery Association v. Commonwealth, Appellant.

Supreme Court of Pennsylvania.

November 11, 1957.

Attorney(s) appearing for the Case

Fred B. Trescher, with him A. Frank Steiner, Joseph L. Donnelly, Deputy Attorney General, George M. O'Horo, Special Deputy Attorney General, and John R. Ressolla, Jr., Counsel, Department of Highways, for appellant.

James Gregg, with him Vincent R. Smith, A.M. Nichols and Portser, Gregg & Nichols, for appellee.

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

OPINION BY MR. JUSTICE ARNOLD, November 11, 1957:

This is an eminent domain proceeding in which the Commonwealth appeals from the award of a new trial after a jury's verdict for plaintiff-landowner in the amount of $23,968 inclusive of interest for detention.

In the reconstruction and relocation of the Lincoln Highway near Greensburg the Commonwealth appropriated from plaintiff's cemetery tract of some 150 acres, .59 acres for right of way and .35 acres for...

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