Pattison v. Buffalo, Rochester & Pittsburgh Ry. Co.
Supreme Court of Pennsylvania
Appeal, No. 111, Oct. T., 1919, by plaintiff, from judgment of C. P. Indiana Co., March .T., 1917, No. 182, on verdict for plaintiff in case of James W. Pattison v. Buffalo, Rochester & Pittsburgh Ry. Co. Appeal from report of jury of view. Before Lang-HAM, P. J. The opinion of the Supreme Court states the facts. Yerdict and judgment for plaintiff for $1,720. Plaintiff appealed. Error assigned was portion of charge recited in opinion of Supreme Court, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
When land is appropriated under the power of eminent domain, the owner’s right to any use of the land ceases. There is substituted for it a claim for damages and prima facie he is entitled to damages for delay in payment. This right continues throughout the proceedings and the burden is on the one exercising the right to show facts that will excuse the delay in payment: Wayne v. Pa. R. R., 231 Pa. 512; Hoffman v. Phila., 250 Pa. 1; Hoffman v. Phila., 261 Pa. 475.
There is no evidence in this case that the landowner stubbornly refused to name an amount he would…
2Cases cited9 opinions
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. PhiladelphiaSupreme Court of Pennsylvania · 1918
- Warren v. First Division of St. Paul & Pacific RailroadSupreme Court of Minnesota · 1875
- Wayne v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
- Hoffman v. PhiladelphiaSupreme Court of Pennsylvania · 1915
- Hoffman v. PhiladelphiaSupreme Court of Pennsylvania · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McDermott v. McDermottSuperior Court of Pennsylvania · 1937
- Lackawanna Iron & Steel Co. v. Lackawanna & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1930
- Com. of Pa. v. StephensSuperior Court of Pennsylvania · 1933
- Commonwealth v. 21.1 Acres of LandCommonwealth Court of Pennsylvania · 1981
- Hughes v. CommonwealthSupreme Court of Pennsylvania · 1964
9 more not listed; retrieve them via the Exa API.