Comstock v. Clearfield & Mahoning Railway Co.
Supreme Court of Pennsylvania
Appeal No. 460, Jan. T., 1895, .by-defendant, from judgment of C. P. Clearfield Co., Sept. T., 1893, No. 549, on verdict for plaintiff. Appeal from award of viewers.
Read the full summary
Appeal No. 460, Jan. T., 1895, .by-defendant, from judgment of C. P. Clearfield Co., Sept. T., 1893, No. 549, on verdict for plaintiff. Appeal from award of viewers. Before Gordon, P. J. At the trial plaintiff proposed to prove by Thomas W. Moore, the witness on the stand, that in making up his estimate of the depreciation, amounting to one half of the value of this property, the following specific elements of damage entered into it: Dust and smoke and cinder, the shaking of the house, the running of locomotives and of trains, and on account of the peculiar location of the railroad at this…
1Opinion of the Court
Opinion bv
Mr. Justice Dean,
Plaintiff was the owner of two adjoining lots in the borough of Curwensville, Clearfield county. Upon one lot, there was a dwelling house. In 1892, defendant located its railroad *588through these lots; it passed along an adjoining alley on the south side of the lots and appropriated of her ground a strip about twenty-five feet at one end, increasing to forty-seven feet at the other; the quantity taken, was about 2200 square feet. The dwelling is about one hundred and twenty feet from the railroad. Viewers having been appointed, and damages assessed, the company…
2Cases cited2 opinions
- Gilmore v. PittsburghSupreme Court of Pennsylvania · 1883
- Western Pennsylvania Railroad v. HillSupreme Court of Pennsylvania · 1868
3Cited by5 opinions
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
- Shano v. Fifth Avenue & High Street Bridge Co.Supreme Court of Pennsylvania · 1899
- Baker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
- Clements v. Phila. Co.Superior Court of Pennsylvania · 1896
- Sechler v. Commonwealth, Pennsylvania Court of Common Pleas, Somerset County1979