222 Pa. 534 | Pa. | 1909
Opinion by
This case grows out of a proceeding to condemn a strip of the plaintiff’s land for railroad purposes under the right of eminent domain. The assignments of error relate to the qualification of certain witnesses to testify to market value before and after the taking. It is argued that the witnesses McMillin and Jones did not have such actual personal knowledge of the farm., its area, improvements, productive qualities, the uses for which adapted, and the general selling price of lands in the neighborhood, as to make them competent to express an opinion on market value. The rule is that the possession and sufficiency of such knowledge is a preliminary question to be passed upon by the court before the witness should be permitted-to express an opinion: Michael v. Crescent Pipe Line Co., 159 Pa. 99. The importance'of testing the qualification of a witness to express an opinion as a preliminary question, is
Assignments of error overruled and judgment affirmed.