Boteler v. Philadelphia & Reading Terminal R. R.
Supreme Court of Pennsylvania
Appeal, No. 218, Jan. T., 1894, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept T., 1891, No. 539, on verdict for plaintiffs. Appeal from jury of view.
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Appeal, No. 218, Jan. T., 1894, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept T., 1891, No. 539, on verdict for plaintiffs. Appeal from jury of view. At the trial it appeared that plaintiffs were five persons named in a sub-lease dated Oct. 24, 1889, made by Kline & Keys, for part of the premises No. 1128 Arch street, that is, for all of the premises except the'two rooms on the first floor front and toilet-room in the rear, for the term of three years and six months from Nov. 1, 1889, at a rent of $1,200 per annum. The lease provided that the lessee should not occupy nor permit…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
The Philadelphia & Reading Terminal Railroad Company appropriated, in the exercise of its right of eminent domain, the plaintiffs’ leasehold interest in a part of the property, No. 1128 Arch street, Philadelphia, and this proceeding was instituted to. recover the value of that interest. As it was a case, not of injury to but of destruction of the leasehold, the value of the latter was the true measure of the damages recoverable, and so the learned judge of the court below instructed the jury. It is conceded by the defendant company that the instructions on this…
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