Legal Opinion

Patten v. Northern Central Railway Co.

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 1 opinion

Error to the Common Pleas of Dauphin county. This was a proceeding under the Act of 19th February 1849, by John W. Patten against The Northern Central Railway Company, for the assessment of the damages sustained by the construction of the defendants’ road through the plaintiff’s land. The plaintiff was the owner of an extensive tannery at the junction of Stony creek with the Susquehanna river, in the borough of Dauphin, containing about forty-two acres.

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Error to the Common Pleas of Dauphin county. This was a proceeding under the Act of 19th February 1849, by John W. Patten against The Northern Central Railway Company, for the assessment of the damages sustained by the construction of the defendants’ road through the plaintiff’s land. The plaintiff was the owner of an extensive tannery at the junction of Stony creek with the Susquehanna river, in the borough of Dauphin, containing about forty-two acres. Through this property the defendants constructed their railroad sixty feet in width. On the 3d of September 1856, the plaintiff presented his…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J.

Under the instructions given to the jury, the plaintiff might have recovered for the market value of his land taken for the road; for the value of his buildings removed; for injury by cutting his land into portions that were inconvenient in shape, or inconveniently separated by deep cuts or embankments; and for any difficulty or diversion of a private road, occasioned by the construction of the railroad above or below its grade; and he did recover for these matters, so far as the jury thought that any damage was proved.

Pie now complains…

2Cited by1 opinion

  1. Hamilton v. Pittsburg, Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1899

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