Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clarion county: Of October and November Term 1885, No. 20. This was, in the court below, an appeal by Robert McCloskey from an award of viewers appointed to assess damages for the taking of a portion of his property for the construction of the road of the Pittsburgh, Bradford and Buffalo Railway Company. The viewers awarded him $180 damages.
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Error to the Court of Common Pleas of Clarion county: Of October and November Term 1885, No. 20. This was, in the court below, an appeal by Robert McCloskey from an award of viewers appointed to assess damages for the taking of a portion of his property for the construction of the road of the Pittsburgh, Bradford and Buffalo Railway Company. The viewers awarded him $180 damages. On the trial, before Neale, P. J., of the thirty-third judicial district, the following facts appeared: McCloskey was the owner of a farm of about one hundred acres in the northern part of Clarion county, through the…
1Opinion of the CourtJustice Clark
*442In estimating the damages to a land-owner, caused by the construction of a railroad, the rule as to the measure of damages, declared by Judge Gibson in the Schuylkill Navigation Company v. Thoburn, 7 S. & R., 411, has ever since been recognized and followed: — “The jurors are to consider the matter just as if they were called on to value the injury, at the moment when compensation could first be demanded; they are to value the injury to the property, without reference to the person of the owner, or the actual state of his business, ánd, in doing that, the only safe rule is to inquire what…
2Cited by32 opinions
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- Glendenning v. StahleyIndiana Supreme Court · 1910
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