Mahaffey v. Beech Creek R. R.
Supreme Court of Pennsylvania
Appeal, No. 329, Jan. T., 1894, by defendant, from judgment of C. P. Clearfield Co., Feb. T., 1893, No. 99, on verdict for plaintiff. Appeal from report of viewers of land damages. At the trial it appeared that defendant company appropriated about seventeen acres of plaintiffs land lying along the Susquehanna river.
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Appeal, No. 329, Jan. T., 1894, by defendant, from judgment of C. P. Clearfield Co., Feb. T., 1893, No. 99, on verdict for plaintiff. Appeal from report of viewers of land damages. At the trial it appeared that defendant company appropriated about seventeen acres of plaintiffs land lying along the Susquehanna river. The court charged in part as follows: “Thére is in every instance, probably, where a railroad or public improvement of this kind is constructed, a general advantage to all property in the community, which is alike to one property as well as another, the general convenience of…
1Opinion of the Court
Opinion by
Mb,. Justice Feel,
The advantages to a property resulting from the construction of a railroad which are to be considered in connection with the disadvantages, are such as are special to the property affected and give it an increased value above the general appreciation of property in the neighborhood. This rule, without qualification or limitation, has been applied in a long line of cases, among which are Hornstein v. A. & G. W. R. R. Co., *16351 Pa. 87; P. & L. E. Co. v. Robinson, 95 Pa. 426; R. R. Co. v. McCloskey, 110 Pa. 442; Long v. Harrisburg & P. R. R. Co., 126 Pa. 148. In R. R. Co.…
2Cases cited4 opinions
- Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskeySupreme Court of Pennsylvania · 1885
- Pittsburgh & Lake Erie Railroad v. RobinsonSupreme Court of Pennsylvania · 1880
- Gorgas v. Phila. R., Pennsylvania Court of Common Pleas, Cumberland County1891
- Hornstein v. Atlantic & Great Western RailroadSupreme Court of Pennsylvania · 1865
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- Hempstead v. Salt Lake CityUtah Supreme Court · 1907
- Struthers v. Philadelphia & Delaware County RailroadSupreme Court of Pennsylvania · 1896
- Barron's Use v. United Railway Co.Superior Court of Pennsylvania · 1928
- Mantorville Railway & Transfer Co. v. Teunis SlingerlandSupreme Court of Minnesota · 1907
- Gaughan v. Scranton CitySupreme Court of Pennsylvania · 1920
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