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343 Pa. 437

23 A.2d 490

Mervine v. Commonwealth

Supreme Court of Pennsylvania

Decided December 1, 1941

Supreme Court of Pennsylvania · decided 1941-12-01

Relies on Dzaack v. Bell Telephone Co. · Edwards v. Crawford · Bingler v. Hopper

Good law ✅— No negative treatment on recordhow we know

Decided 1941-12-01

How this case has been cited

Cited by 18 later decisions — most recently February 2017

14 state decisions

5019411950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1 In this eminent domain proceeding brought to recover damages as a result of the condemnation and appropriation of part of plaintiffs’ land by the Commonwealth for road purposes, in which the board of view made an award to plaintiffs of $2,000, and where the jury found a verdict of $4,750, a new trial was granted. The court stated as its reason for doing so that the damages awarded by the jury were grossly in excess of the damage done to the property. As an additional reason, the statement is made that one of the jurors was the wife of an expert witness called by plaintiffs. In view of these statements of the court, we will not interfere with its *438 discretion in granting the new trial: Dzaack v. Bell Telephone Co., 296 Pa. 385, 145 A. 916; Edwards v. Crawford, 328 Pa. 449, 196 A. 58; Bingler v. Hopper, 336 Pa. 58, 7 A. 2d 351.

¶2 Order affirmed.

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