Summary
In Kunkel Estate v. County of Dauphin, 26 Pa. Commw. 587, 364 A.2d 959 (1976), the grant of either a remittur or a new trial on a post-trial motion was affirmed.
Summary of this case from Water Sewer Authority v. RawlingsOpinion
Argued September 14, 1976
October 18, 1976.
Argued September 14, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.
Appeal, No. 196 C.D. 1976, from the Order of the Court of Common Pleas of Dauphin County in case of Estate of John C. Kunkel, deceased v. County of Dauphin, No. 1268 June Term, 1974.
Declaration of taking filed in the Court of Common Pleas of Dauphin County. Viewers appointed. Award filed. Condemnee appealed. Verdict rendered. Motion for new trial filed by condemnor. Remittitur or new trial ordered. LIPSITT, J. Condemnee appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Donn L. Snyder, with him Berman, Boswell, Snyder Tintner, for appellant.
Robert L. Knupp, Assistant Solicitor, for appellee.
The present appeal concerns the propriety of the trial judge's order directing the Estate of John C. Kunkel, Appellant, to file a remittitur or suffer the granting of the County of Dauphin's, Appellee, motion for a new trial.
This controversy arose when Appellee filed a Declaration of Taking involving, inter alia, land owned by Appellant. Appellant, dissatisfied with the award of the Board of View, appealed to the Court of Common Pleas of Dauphin County. After expert testimony from both sides, the court, jury and counsel viewed the property. The jury then rendered a verdict in favor of Appellant in the amount of $63,000.00. After a motion for a new trial was filed by Appellee, the trial judge ordered a remittitur or a new trial. Judge LIPSITT has most ably presented both the facts and the law in his opinion below, and for these reasons, we adopt his opinion, which can be found at: 98 Dauphin 71 (1976).
Affirmed.
ORDER
AND NOW, this 18th day of October, 1976, the order of the Court of Common Pleas of Dauphin County is hereby affirmed.