Laureldale Cemetery Co. v. Reading Co.

Opinion by

Mr. Justice Maxey,

The question before us for decision is this: When 8*4 unused acres of a total cemetery plot of 117 acres are taken by a railroad company under eminent domain proceedings, what is the proper measure of damages? Appellant claims that the proper measure is the value of the land for sepulture purposes. The court below found the proper measure to be the difference in the market value of appellant’s premises before and as unaffected by the taking and the market value of appellant’s premises after and as affected by the taking. The case was tried on this theory, and a…