Pittsburgh & Lake Erie Railroad v. Robinson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county : Of October and November Term 1880, No. 168. In the court below this was an appeal from an award of viewers under the General Railroad Act.
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Error to the Court of Common Pleas, No. 1, of Allegheny county : Of October and November Term 1880, No. 168. In the court below this was an appeal from an award of viewers under the General Railroad Act. The Pittsburgh and Lake Erie Railroad' Company was incorporated under an Act of Assembly, approved the 4th of April 1868. In constructing its road it was found necessary to pass through a large area of private property, among which was that of the plaintiffs, who are the owners of a lot of ground situated in the city of Pittsburgh, and fronting on the Monongahela river, and extending thence…
1Opinion of the CourtJustice Gordon
Where a jury, as in the case in hand, are called upon to assess damages on account of the taking of lands by a corporation, they are, as is said by Gibson, J., in the case of The Schuylkill Navigation Company v. Thoburn, 7 S. & R. 441, to value the property without reference to the person of the owner, or the actual state of his business; and in doing that the only safe rule is, to inquire what the property, unaffected by the obstruction, would have sold for at the time the injury was committed, and what it would sell for as affected by the injury, arid the difference is the true measure of…
2Cited by14 opinions
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- Reading & Pottsville R. v. BalthaserSupreme Court of Pennsylvania · 1888
- Wadsworth v. Manufacturer's Water Co.Supreme Court of Pennsylvania · 1917
- Hope v. Philadelphia & Western RailroadSupreme Court of Pennsylvania · 1905
- Hall v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1918
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