Shano v. Fifth Avenue & High Street Bridge Co.
Supreme Court of Pennsylvania
Appeal, No. 217, Oct. T., 1898, by plaintiff, from judgment of G. P. No. 1, Allegheny Go., Dec. T., 1895, No. 768, on verdict for defendant. Trespass to recover damages for injuries to real estate caused by the construction of a bridge.
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Appeal, No. 217, Oct. T., 1898, by plaintiff, from judgment of G. P. No. 1, Allegheny Go., Dec. T., 1895, No. 768, on verdict for defendant. Trespass to recover damages for injuries to real estate caused by the construction of a bridge. Before Collieb, J. Defendant’s points and the answers thereto among others were as follows: 1. That any evidence in the case in regard to noise, dust, invasion of privacy or anything of this sort is not the basis for recovery by the plaintiff. It is only evidence to be considered by the jury in weighing the testimonj^ of witnesses as to value of the property…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Where property is injured by the construction of public works, the measure of damages is the difference in the market value of the property before and after the construction. The creation of noise and dust, the invasion of privacy, the deprivation of light and means of access, the burden of additional fencing and like matters are to be taken into consideration as affecting the market value. They are not separately to be estimated item by item and a result to be reached by adding together the different estimates; nor is the effect upon the particular owner because of…
2Cases cited4 opinions
- Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
- Struthers v. Philadelphia & Delaware County RailroadSupreme Court of Pennsylvania · 1896
- Reyenthaler v. PhiladelphiaSupreme Court of Pennsylvania · 1894
- Comstock v. Clearfield & Mahoning Railway Co.Supreme Court of Pennsylvania · 1895
3Cited by22 opinions
- Lobozzo v. Adam Eidemiller, Inc.Supreme Court of Pennsylvania · 1970
- People v. SymonsCalifornia Supreme Court · 1960
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
- Dennison v. State of New YorkNew York Court of Appeals · 1968
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