Curtin v. Nittany V. R.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE CENTRE COUNTY. No. 75 January Term 1890, Sup. Ct.; court below, No. 12 November Term 1887, C. P. On August 27,1887, the plaintiffs, Eliza I. Curtin and others, petitioned the court below for the appointment of viewers to assess damages alleged to have arisen from the location and construction, by the Nittany Valley Railroad Company, of a railroad upon and across a certain farm belonging to them.
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APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE CENTRE COUNTY. No. 75 January Term 1890, Sup. Ct.; court below, No. 12 November Term 1887, C. P. On August 27,1887, the plaintiffs, Eliza I. Curtin and others, petitioned the court below for the appointment of viewers to assess damages alleged to have arisen from the location and construction, by the Nittany Valley Railroad Company, of a railroad upon and across a certain farm belonging to them. Viewers were accordingly appointed, who afterwards reported assessing damages to the plaintiffs in the sum of $3,800. On October 12,1887, the…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
In the assessment of damages for land taken or injured by a railroad company, the rule is now well settled in Pennsylvania that the market value before and after the injury cannot be ascertained by evidence of particular sales, under special circumstances, of other properties alleged to be situated similarly to the property in question: Pittsburgh etc. R. Co. v. Patterson, 107 Pa. 461. In the case cited, we said: “ The selling price of lands in the neighborhood, at the time, is undoubtedly a test of value, but it is the general selling price, not the price paid for…
2Cases cited1 opinion
- Pittsburgh & Western Railroad v. PattersonSupreme Court of Pennsylvania · 1884
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- Appeal of Pennsylvania Co. for Insurances on Lives & Granting AnnuitiesSupreme Court of Pennsylvania · 1924
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Becker v. Philadelphia & Reading Terminal RailroadSupreme Court of Pennsylvania · 1896
- Regina v. Monroe CountySupreme Court of Pennsylvania · 1935
- Struthers v. Philadelphia & Delaware County RailroadSupreme Court of Pennsylvania · 1896
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