56 Pa. Commw. 523 | Pa. Commw. Ct. | 1981
Opinion by
This is an appeal from an order of the Court of Common Pleas of Allegheny County which denied
Appellant owned property located at 1808, 1810 and 1812 Centre Avenue, in the Third Ward of the City of Pittsburgh, which was used in the operation of a wholesale and retail seafood business. The lower court found that a de facto taking had occurred on May 1, 1972 as a result of activities of the Urban Redevelopment Authority of the City of Pittsburgh (Appellee) in connection with a neighborhood development plan. The de facto taking included three buildings on the subject property.
A Board of Viewers was appointed and awarded damages in the amount of $125,000. Both parties appealed. The case was tried before a jury which rendered a verdict, on May 9, 1978, of $105,000.
Our scope of review is limited in cases of this nature to a determination of whether the trial court abused its discretion or committed a clear error of law in denying the motion for a new trial. Graff Brothers Scrap Iron and Metal Works Appeal, 44 Pa. Commonwealth Ct. 429, 404 A.2d 722 (1979).
Appellant argues that a new trial should have been granted by the court below because the verdict is inadequate, against the weight of the evidence and contrary to the charge of the court to the jury.
A denial of a motion for a new trial will not be disturbed on appeal on the ground of inadequacy of the verdict unless the verdict is so inadequate as to shock the appellate court’s sense of justice. Abrams, Inc. v. Redevelopment Authority of the City of Philadelphia, 37 Pa. Commonwealth Ct. 343, 391 A.2d 1 (1978).
While Appellant’s arguments are persuasive when one looks solely at the figures, wé believe there are two factors in the instant case which must be weighed carefully by us before this Court determines that the
Another crucial factor in this case was the jury view, a factor which must be given considerable weight by a reviewing court. Arndt v. Central Cambria School District, 7 Pa. Commonwealth Ct. 150, 298 A.2d 682 (1972). Indeed, where the jurors have had the benefit of a view, they “could have ignored the experts’ testimony, if they believed them not to be credible, and could have based their verdict upon their own judgment....” Wolfe v. Redevelopment Authority of the City of Johnstown, 1 Pa. Commonwealth Ct. 172, 177, 273 A.2d 923, 926 (1971). The time lapses in
For the same reasons, we also conclude that the verdict is not against the clear weight of the evidence. As we have said, while a jury in a condemnation case may not disregard evidence on valuation, it is the jury’s duty to determine the weight and credibility of evidence dependent on oral testimony. Morrissey v. Department of Highways, 424 Pa. 87, 225 A.2d 895 (1967). We are satisfied that the jury verdict is supported by the evidence and the weight thereof.
Finally, Appellant argues that the verdict is contrary to the charge of the court on the issue of the Assembled Economic Unit Doctrine. We disagree. The court correctly instructed the jury and the fact that the jury may have decided that the Doctrine was inapplicable does not constitute a ground for a new trial.
Having found no abuse of discretion by the trial court and no errors of law, we affirm that court’s order denying appellant’s motion for a new trial.
Appellant has also included in this appeal the order of Judge (now Justice) Larsen dated March 9, 1977 dismissing Appellant’s petition for a rule to show cause why the Urban Redevelopment Authority of Pittsburgh should not pay minimum attorney’s fees to Appellant’s counsel under Section 609 of the Code, 26 P.S. §1-609. The record discloses that exceptions were filed to the order of March 9, 1977 and that no disposition of those exceptions was made by the trial court. It is apparent, therefore, that the order appealed from is interlocutory and not reviewable by this Court at this time.
Order
And Now, this 9th day of February, 1981, the order of the Court of Common Pleas of Allegheny
At the time argument was heard, no judgment had been entered on the verdict. Pursuant to a preliminary order of this Court, that defect has been remedied by the filing of a supplemental record.
The testimony of Appellee’s expert that the value of the real estate, machinery and equipment was $67,943 was stricken by the court during trial.