Wayne v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 227, Jan. T., 1910, by defendant, from judgment of C. P. Chester Co., April T., 1909, No. 73, on verdict for plaintiff in case of William Wayne v. Pennsylvania Railroad Company. Trespass quare clausum fregit on appeal by plaintiff from the award of a jury of view. Before Hemphill, P. J. The case turned upon the instruction of the court as to amount of damages the plaintiff was entitled to for the delay of the railroad in settling with him for his land.
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Appeal, No. 227, Jan. T., 1910, by defendant, from judgment of C. P. Chester Co., April T., 1909, No. 73, on verdict for plaintiff in case of William Wayne v. Pennsylvania Railroad Company. Trespass quare clausum fregit on appeal by plaintiff from the award of a jury of view. Before Hemphill, P. J. The case turned upon the instruction of the court as to amount of damages the plaintiff was entitled to for the delay of the railroad in settling with him for his land. Verdict and judgment for plaintiff for $75,125. Defendant appealed. Errors assigned were (1, 2) the portions of the charge quoted…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
When a railroad company, exercising the right of eminent domain, enters upon land and definitely locates its line of road thereon, it thereby appropriates the land taken to a public use. The right of the owner to any use of the land, inconsistent with the use for which it was taken, thereupon ceases; but immediately thereupon his right to damages vests. The law substitutes the damages .for the land. But until the amount which would compensate the owner has been definitely ascertained, either by agreement between the parties or judicial determination, the owner's…
2Cases cited2 opinions
- City of Philadelphia v. DyerSupreme Court of Pennsylvania · 1862
- City of Philadelphia v. MiskeySupreme Court of Pennsylvania · 1871
3Cited by21 opinions
- Whitcomb v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Springer v. Allegheny CountySupreme Court of Pennsylvania · 1960
- McDermott v. McDermottSuperior Court of Pennsylvania · 1937
- Waugh v. CommonwealthSupreme Court of Pennsylvania · 1958
- Fidelity-Philadelphia Trust Co. v. CommonwealthSupreme Court of Pennsylvania · 1945
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