Setzler v. Pennsylvania Schuylkill Valley Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of January Term, 1885, No. 376. This ease was commenced by the appointment of a jury of viewers, on the petition of Webster K. Setzler, to assess damages suffered by him by reason of the location by the Pennsylvania Schuylkill Valley Railroad Company of a right of way over his farm.
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Error to the Court of Common Pleas of Chester county: Of January Term, 1885, No. 376. This ease was commenced by the appointment of a jury of viewers, on the petition of Webster K. Setzler, to assess damages suffered by him by reason of the location by the Pennsylvania Schuylkill Valley Railroad Company of a right of way over his farm. The viewers reported awarding to Setzler the sum of $3,800. From this award he appealed, and an issue was framed to determine the amount of damages to which be was entitled. On the trial before Futhby, P. J., the following facts appeared: Plaintiff owned a farm…
1Opinion of the CourtJustice Sterrett
The charge of the learned Judge, in relation to the proper measure of damages in cases like the present, is in the main *64correct. In accordance with.the long recognized rule, he instructed the jury “ to ascertain the value of the property before the railroad was projected through it, then the depreciation it has suffered in the market by reason of the construction of the railroad, and the difference between the two amounts constitutes the amount of damages to be awarded to the plaintiff;” and, they should “therefore ascertain what amount the plaintiff could have obtained for his property in a…
2Cited by12 opinions
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- Aaronson v. United StatesCourt of Appeals for the D.C. Circuit · 1935
- Barron's Use v. United Railway Co.Superior Court of Pennsylvania · 1928
- Gaughan v. Scranton CitySupreme Court of Pennsylvania · 1920
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