West Chester & Wilmington Plank Road Co. v. County of Chester
Supreme Court of Pennsylvania
Appeal, No. 502, Jan. T., 1896, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1895, No. 101, on verdict for plaintiff. Proceeding to assess damages for the making of a turnpike road free from tolls. ' Before Ermentrout, P. J. At the trial Walter McDonald, a witness for defendant, was asked this question: “ Q. That being, then, all the physical property of the company, what, in your judgment, was it worth immediately prior to the date of condemnation.”
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Appeal, No. 502, Jan. T., 1896, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1895, No. 101, on verdict for plaintiff. Proceeding to assess damages for the making of a turnpike road free from tolls. ' Before Ermentrout, P. J. At the trial Walter McDonald, a witness for defendant, was asked this question: “ Q. That being, then, all the physical property of the company, what, in your judgment, was it worth immediately prior to the date of condemnation.” Plaintiff objected to any testimony showing the value of what the defendant calls the physical turnpike, as separate and distinct…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The learned court below very carefully and correctly charged the jury in the following words : “ The measure of damages is the value of the property at the time of taking, to the owners, not only by the mere value of the road itself, the mere structure or physical turnpike, its tollhouses and gates, but plaintiff’s entire property rights with the value of its franchise in connection with those property rights, under and by virtue of which they are used and enjoyed. The jury will readily understand *48that the mere possession of a roadbed without the privileges of…
2Cases cited3 opinions
- Montgomery County v. Schuylkill Bridge Co.Supreme Court of Pennsylvania · 1885
- Mifflin Bridge Co. v. County of Juniata, Pennsylvania Court of Common Pleas, Mifflin County1891
- Clarion Turnpike & Bridge Co. v. Clarion CountySupreme Court of Pennsylvania · 1896
3Cited by8 opinions
- Appleton Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1913
- Chestnut Hill & Spring House Turnpike Road Co. v. Montgomery CountySupreme Court of Pennsylvania · 1910
- Jarvis v. BellSupreme Court of Pennsylvania · 1929
- Wadsworth v. Manufacturer's Water Co.Supreme Court of Pennsylvania · 1917
- Harrisburg, Carlisle & Chambersburg Turnpike Road Co. v. Cumberland CountySupreme Court of Pennsylvania · 1909
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