Hope v. Philadelphia & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 247, Jan. T., 1904, by defendant, from judgment of C. P. Chester Co., Jan. T., 1904, No. 77, on verdict for plaintiffs in case of Mary J. Hope and Clarence B. Hope, Administrators of Thomas Hope, deceased, v. Philadelphia & Western Railroad Company. Appeal from award of jury of view. Before Hemphill, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $8,350. Defendant appealed.
Read the full summary
Appeal, No. 247, Jan. T., 1904, by defendant, from judgment of C. P. Chester Co., Jan. T., 1904, No. 77, on verdict for plaintiffs in case of Mary J. Hope and Clarence B. Hope, Administrators of Thomas Hope, deceased, v. Philadelphia & Western Railroad Company. Appeal from award of jury of view. Before Hemphill, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiffs for $8,350. Defendant appealed. Errors assigned were in overruling objections to, and admitting evidence of, certain witnesses for plaintiffs.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This was a proceeding in the court below to determine the the amount of damages sustained by the plaintiffs’ intestate by reason of the location and construction of the defendant company’s railroad through his farm in Chester county. The only question requiring consideration here is the competency of certain witnesses called by the plaintiffs to prove the damages which they allege they have sustained by reason of the construction of the railroad through the land. The settled rule *403as to the measure of damages in such cases is the difference in market value of…
2Cases cited10 opinions
- Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
- Shano v. Fifth Avenue & High Street Bridge Co.Supreme Court of Pennsylvania · 1899
- Pennsylvania & New York Railroad & Canal Co. v. BunnellSupreme Court of Pennsylvania · 1871
- Curtin v. Nittany V. R.Supreme Court of Pennsylvania · 1890
- Pittsburgh & Lake Erie Railroad v. RobinsonSupreme Court of Pennsylvania · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- White v. Western Allegheny RailroadSupreme Court of Pennsylvania · 1909
- McGaffic v. Redevelopment Authority of New CastleCommonwealth Court of Pennsylvania · 1999
- Markowitz v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1907
- Lally v. Central Valley RailroadSupreme Court of Pennsylvania · 1906
10 more not listed; retrieve them via the Exa API.