Willock v. Beaver Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 3, Oct. T., 1910, by defendant, from judgment of C. P. Beaver Co., March T., 1907, No. 223, on verdict for plaintiff in case of John P. Willoek for use, v. Beaver Valley Railroad Company. Trespass to recover consequential damages caused by the construction of a railroad in a street. Before Inghram, P. J., specially presiding.
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Appeal, No. 3, Oct. T., 1910, by defendant, from judgment of C. P. Beaver Co., March T., 1907, No. 223, on verdict for plaintiff in case of John P. Willoek for use, v. Beaver Valley Railroad Company. Trespass to recover consequential damages caused by the construction of a railroad in a street. Before Inghram, P. J., specially presiding. The facts appear in the opinion of the Supreme Court and the prior report of the case in 222 Pa. 590. The statement of the question involved was as follows: In an action by an abutting property owner to recover consequential damages for the construction of a…
1Opinion of the Court
Opinion by
Mr. Justice Moschziskee,
On the last appeal in this case, 222 Pa. 590, we laid down the rule to govern the measure of damages, and particularly called attention to the law “that noise, smoke and dust as well as other inconveniences and discomforts which must be borne by the general public and which *529are occasioned by the operation of the railroad, cannot be considered in estimating damages for special injuries in this class of cases.” The fourth and fifth assignments of error raise the question: Did the court below confine the evidence as to the damages within the limits ordered by…
2Cases cited2 opinions
- Hamory v. Pennsylvania, Monongahela & Southern RailroadSupreme Court of Pennsylvania · 1909
- Willock v. Beaver Valley RailroadSupreme Court of Pennsylvania · 1909
3Cited by13 opinions
- Leadenham's EstateSupreme Court of Pennsylvania · 1927
- New York & Pennsylvania Co. v. New York Central R. R.Supreme Court of Pennsylvania · 1920
- Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Smith v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1911
- Hopkins v. TateSupreme Court of Pennsylvania · 1916
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