Harris v. Schuylkill R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIPP PBOM THE COUBT OP COMMON PLEAS NO. 2 OP PHILADELPHIA COUNTY. January Term 1891, Sup. Ct.; court below, No. 778 December Term 1885, C. P. No. 2. On March 14, 1889, tbe record, with remittitur from the Supreme Court, reversing the order of the court below making absolute a rule to withdraw an appeal from tbe assessment of damages in favor of Amanda G. Harris against the Schuylkill River East Side Railroad Company, was returned and filed: See Schuylkill etc.
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APPEAL BY PLAINTIPP PBOM THE COUBT OP COMMON PLEAS NO. 2 OP PHILADELPHIA COUNTY. January Term 1891, Sup. Ct.; court below, No. 778 December Term 1885, C. P. No. 2. On March 14, 1889, tbe record, with remittitur from the Supreme Court, reversing the order of the court below making absolute a rule to withdraw an appeal from tbe assessment of damages in favor of Amanda G. Harris against the Schuylkill River East Side Railroad Company, was returned and filed: See Schuylkill etc. R. Co. v. Harris, 124 Pa. 215. At the second trial of the issue, on March 31, 1890, it was made to appear that on March…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
It has been said too often and too recently to require repetition that the true test of damages for the taking of laud for railroad purposes is the difference between the value of the entire lot as it was just before the taking, and the value of what is left after the taking. Both parties to the present controversy admit this rule, but both sought at the trial to present evidence in violation of it. The appellee unfortunately succeeded.
In estimating the value of the lot before the taking, its possible and probable uses are important elements, and may be *253shown by…
2Cited by20 opinions
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