Western Pennsylvania Railroad v. Hill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county : No. 64, to May Term 1866. Middle District. This case commenced November 24th 1863, in a proceeding on the application of The Western Pennsylvania Railroad Company for viewers to assess damages done by the construction, &c., of their road through the lands of Daniel Hill and Hiram Hill.
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Error to the Court of Common Pleas of Somerset county : No. 64, to May Term 1866. Middle District. This case commenced November 24th 1863, in a proceeding on the application of The Western Pennsylvania Railroad Company for viewers to assess damages done by the construction, &c., of their road through the lands of Daniel Hill and Hiram Hill. Viewers were appointed who assessed the damages to the Hills at $2700. The company appealed, and by agreement “ the case was put on the trial list without further pleadings, David H. ITill to take the affirmative of the issue.” The case was tried with the…
1Opinion of the Court
*464The opinion of the court was delivered, January 26th 1868, by
Thompson, C. J.
The court admitted evidence and submitted it as a ground of recovery in favor of the plaintiff below, whether the direct and immediate effect of the construction and use of the company’s railroad over the plaintiffs’ land, had the effect to destroy the business of their mill, and consequently to lessen its value. The testimony is full to this point, and leaves no doubt of the fact. If the talcing of the plaintiffs’ land directly resulted in this, in a way capable of being certainly ascertained, it is not easy to see…
2Cases cited2 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Scott v. ScottOhio Supreme Court · 1833
3Cited by4 opinions
- Lackawanna Iron & Steel Co. v. Lackawanna & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1930
- Regina v. Monroe CountySupreme Court of Pennsylvania · 1935
- Comstock v. Clearfield & Mahoning Railway Co.Supreme Court of Pennsylvania · 1895
- United States v. 20.08 Acres of LandDistrict Court, W.D. Pennsylvania · 1940