216 Pa. 535 | Pa. | 1907
Opinion by
The questions raised by this appeal relate to the competency of witnesses "who were permitted to testify as to the value of certain lots of ground appropriated by the defendant company under the power of eminent domain. The competency of witnesses in such cases is a preliminary question to be passed upon by the court after proper examination before a witness is permitted to testify as to value: Michael v. Crescent Pipe Line Co., 159 Pa. 99; Friday v. Penna. R. R. Co., 204 Pa. 405 ; Hope v. P. & W. R. R. Co., 211 Pa. 401. In the case at bar the witnesses were subjected to the preliminary examination as required by the rule. The court passed upon the preliminary question of competency and permitted the witnesses to
We have said that an essential test of the competency of witnesses, called to give an opinion as to the market value of land, is that they affirmatively appear to have actual personal knowledge of the facts affecting the subject-matter of the inquiry : Michael v. Crescent Pipe Line Company, supra. The witness should have some special opportunity for observation, and to a reasonable extent, have in his mind the data from which a proper estimate of valué ought to be made: P. V. & C. Ry. Co. v. Vance, 115 Pa. 325. He should be familiar with the property upon which he is asked to fix a value, its area, the uses to which it may be put, the extent and condition of its improvements and in addition thereto should have some knowledge of values in the neighborhood and the general selling price of property in the locality at or near the time of the appropriation: Friday v. Penna. R. R. Co., 204 Pa. 405. As we read the testimony of the witnesses whose competency has been objected to, these requirements have been reasonably met. Samuel Markowitz, the question of whose competency is raised by the first assignment of error, is the owner of the lot and the appellee in this case. He was a merchant and had owned the lot for eleven or twelve years. He was familiar with the development of the borough in which it was located and had general knowledge of the values of property in that neighborhood. He knew of the advantageous location of his lot as a business corner, and had frequently been importuned to sell it. His testimony shows that he knew the value of his own property which had been in his possession for many years, and we .are not familiar with any rule which would deny him the right to testify as to its value, when it is taken away from him by condemnation proceedings.
The second, third, fourth and fifth assignments of error relate to the competency of Swartz, Fried, Krone and Donellan as witnessess. Swartz, a merchant, and Fried, a grocer, residents for many years of the adjoining borough of Homestead, were attracted by the business possibilities of Rankin borough, and concluded to start in business there if a favorable site could be secured. They went upon the ground and found the
We think he was a competent witness. The case was most patiently heard by the learned trial judge who instructed the jury, both as to the law and the facts involved, in a painstaking and impartial manner. In addition to the testimony offered the jurors went upon the ground and viewed for themselves the premises, and from their personal observation had the opportunity of testing the correctness of the testimony of all the witnesses on the question of value.
Assignments of error overruled and judgment affirmed.