204 Pa. 321 | Pa. | 1903
Opinion BY
The first and fourth assignments were abandoned on the argu
In the second assignment of error the appellant complains of the rejection of its offer to show the price at which the plaintiff optioned his land a short time before the location of the railroad and the price at which he sold a large part of it shortly after the road had been located and before its completion for the purpose, as we understand, of giving to the jury the plaintiff’s own estimate of the value of the land at those dates, as evidence of the damages sustained by him in the construction of the defendant company’s road over his land. The offer was to be followed by testimony showing that the increased price was the direct result of the location of the railroad over the plaintiff’s land and that it arose from causes which were special to this farm and not general to the neighborhood. The third assignment alleges error in rejecting the deed, which was offered for the purpose of fixing the price at which that part of the premises was sold which the plaintiff’s witnesses testified was injuriously affected' by the location of the road. This offer must be considered in connection with the testimony, the exclusion of which is complained of in the second assignment.
Declarations against one’s interest, unless made with a view to an adjustment of the differences between the parties, are always admissible against the party making them. For this reason the declaratioñs or acts of a party showing his estimate of the value of his property at or about the time it is taken are evidence to his prejudice in proceedings to assess the damages for land taken under the right of eminent domain. In 10 Am. & Eng. Ency. of Law (2d ed.), 1154, it is said: “ Upon the ground that the admission of a party to his prejudice in a matter material to the issue is always competent, the admissions of the owners of property, the condemnation of which is sought, that the property had only a certain value, have been considered admissible.” And in Lewis on Eminent Domain, section 439, the author says: “ In regard to the proof of admissions of the parties, the same general rules apply as in other cases. It is competent to prove the declarations of the owner of the property in question as to its value and the price at which he has offered to sell it, and other admissions which are pertinent to the issue.”
But the question raised here has been considered and deter
The offers should have been more explicit and the purpose of the proposed evidence more clearly stated, but as we understand the offers, the testimony should have been admitted. As said in the opinion in the Ranch case, “ while the evidence referred to was not conclusive, nor perhaps very important, it ought not to have been excluded.”
The second and third assignments of error are sustained, and the judgment is reversed with a venire facias de novo.