Struthers v. Philadelphia & Delaware County Railroad
Supreme Court of Pennsylvania
Appeal, No. 133, Jan. T., 1896, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1893, No. 45, on verdict for plaintiff. Appeal from award of viewers. Before Clayton, P. J. At the trial it appeared that in 1893, the defendant constructed a line of railroad through a farm of one hundred and twenty-one acres in Delaware county, owned by the plaintiff.
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Appeal, No. 133, Jan. T., 1896, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1893, No. 45, on verdict for plaintiff. Appeal from award of viewers. Before Clayton, P. J. At the trial it appeared that in 1893, the defendant constructed a line of railroad through a farm of one hundred and twenty-one acres in Delaware county, owned by the plaintiff. The witnesses for the plaintiff fixed the damages at figures varying from $9,000 to $13,000, while the evidence for the defendant tended to show that the farm had increased in value by reason of the construction of the railroad through…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The several assignments of error appearing on the record in this case raise but two questions, and they are questions about which the profession ought to be in no doubt. One of these is over the measure of damages to which the owner of land is entitled when his land has been entered upon under the right of *297eminent domain. The other is, what constitutes an “ expert witness ? ” The true measure of damages has been held in a long and unbroken line of cases to be the difference in the market or selling value of the property entered, before the entry was made, and…
2Cases cited6 opinions
- Pittsburgh, Virginia & Charleston Railway Co. v. VanceSupreme Court of Pennsylvania · 1887
- Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskeySupreme Court of Pennsylvania · 1885
- Curtin v. Nittany V. R.Supreme Court of Pennsylvania · 1890
- Setzler v. Pennsylvania Schuylkill Valley RailroadSupreme Court of Pennsylvania · 1884
- Mahaffey v. Beech Creek R. R.Supreme Court of Pennsylvania · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. 60.14 Acres of Land, More or Less, Situate in Warren and McKean Counties, State of Pennsylvania, and Arthur W. SeibelCourt of Appeals for the Third Circuit · 1966
- Simmons v. MullenSuperior Court of Pennsylvania · 1974
- Steele v. ShepperdSupreme Court of Pennsylvania · 1963
- Williams v. McClainSupreme Court of Pennsylvania · 1987
- Shano v. Fifth Avenue & High Street Bridge Co.Supreme Court of Pennsylvania · 1899
11 more not listed; retrieve them via the Exa API.