Achenbach v. Slate Belt Telephone & Telegraph Co.

Citations

• 73 Pa. Super. 568
• 1920 Pa. Super. LEXIS 69

Syllabus

<p>Telephone companies — Eminent domain- — •Damages — Special benefits — Instruction to juries.</p> <p>Advantages to a property resulting from the construction of a telephone, which ought to be considered in connection with the disadvantages, are such as are special to the property affected, and give it an increased value above the general appreciation of the property in the neighborhood.</p> <p>The question whether the right to direct access to a telephone line is a benefit to the property, and the value of such right, is a matter for the determination of the jury.</p> <p>In an action brought by a property owner against a telephone company for damages, caused by the latter constructing a telephone line along a public road running through the plaintiff’s farm, it is error for the court to refuse to charge the jury that where the telephone line benefits only the land through which it runs and not land adjoining such property or the community generally, it must be considered in determining whether any damage or benefit has accrued and, if damages or benefit, the amount thereof.</p>