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SCHUSTER v. PA. TURNPIKE COM.

395 Pa. 441 (1959)

Schuster v. Pennsylvania Turnpike Commission, Appellant.

Supreme Court of Pennsylvania.

March 16, 1959.

Attorney(s) appearing for the Case

Joseph P. Kane, with him John A. Morano, Hubert Earle, Prall B. Roads, Assistant Counsel, and Henry Harner, Chief Counsel, for Pennsylvania Turnpike Commission, appellant.

William J. Oliver, with him Paul H. Price, J.H. Oliver, and Homanich, Dutka and Yavorek, for appellees.

Before JONES, C.J., MUSMANNO, JONES, COHEN and McBRIDE, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, March 16, 1959:

In this eminent domain proceeding two issues are presented: (1) were any property rights taken?; (2) was the jury verdict excessive?

The Pennsylvania Turnpike Commission (herein called Commission), in connection with the proposed construction of the Northeast Extension of the Turnpike, on January 18, 1954, by an appropriate resolution, condemned certain land...

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