SEVICH v. COMMONWEALTH, 434 Pa. 68 (1969)

252 A.2d 644

Sevich, Appellant, v. Commonwealth.

Supreme Court of Pennsylvania.March 18, 1969.
April 23, 1969.

Practice — New trial — Motion by verdict winner.

A verdict winner complaining of trial errors must show that the verdict in his favor did not cure the errors and that the errors produced an unjust result.

Mr. Justice ROBERTS concurred in the result.

Argued March 18, 1969. Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ.

Appeal, No. 210, March T., 1968, from judgment of Court of Common Pleas of Mercer County, Dec. T., 1966, No. 113, in case of Elizabeth Sevich v. Commonwealth. Judgment affirmed.

Appeal from award of board of view. Before STRANAHAN, P. J.

Verdict for plaintiff in amount of $15,000; motion by plaintiff for new trial denied. Plaintiff appealed.

William J. Joyce, with him Martin E. Cusick, P. Raymond Bartholomew, and Cusick, Madden, Joyce McKay, for appellant.

David A. Johnston, Jr., Assistant Attorney General, with hi William C. Sennett, Attorney General, for Commonwealth, appellee.

Page 69

OPINION PER CURIAM, April 23, 1969:

Elizabeth Sevich is the owner of property in Mercer County, 15.194 acres of which was condemned by the Commonwealth of Pennsylvania for the purpose of constructing a portion of Interstate 80. A Board of View, appointed upon the request of the Commonwealth, fixed damages in the amount of $20,000. The condemnee appealed to the Court of Common Pleas and, after trial, the jury awarded damages in the amount of $15,000. The condemnee then filed this appeal from the judgment entered on the verdict. We affirm.

Appellant, the verdict winner in the court below, alleges three trial errors in support of her appeal, but has failed to demonstrate how these purported errors have prejudiced her case. Under such circumstances, our decisions in Rankin v. McCurry, 402 Pa. 494, 166 A.2d 536 (1961), and Granowitz v. Erie Redevelopment Authority, 432 Pa. 243, 247 A.2d 623 (1968), are controlling.

Judgment affirmed.

Mr. Justice ROBERTS concurs in the result.