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BAKER v. DEPT. OF HIGHWAYS

401 Pa. 512 (1960)

Baker, Appellant, v. Commonwealth of Pennsylvania, Department of Highways.

Supreme Court of Pennsylvania.

November 15, 1960.

Attorney(s) appearing for the Case

John E. Costello, for appellant.

Howard F. Carson, Special Assistant Attorney General, with him Robert W. Cunliffe, Assistant Attorney General, John R. Rezzolla, Jr., Chief Counsel, and Anne X. Alpern, Attorney General, for Commonwealth, Department of Highways, appellee.

Before JONES, C.J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE EAGEN, November 15, 1960:

This is an appeal from an order of the court below granting a new trial in a land damage case.

The Commonwealth of Pennsylvania, through its Department of Highways, condemned 3.097 acres of land owned by the plaintiff for purposes of widening and improving a public highway (conversion of a four-lane general access highway into a four-lane limited access highway). An additional one-fifth of an acre was severed...

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