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· 3/4/1890

Auman v. Phila. R.

Citations

  • 133 Pa. 93
  • 20 A. 1059
  • 1890 Pa. LEXIS 878

Syllabus

<p>(a) The plaintiff brought trespass against a railroad company to recover damages for consequential injuries to his property, arising from the construction and operation of defendant’s siding upon a public street in front of it:</p> <p>1. In such case, it was not error to refuse the defendant’s inquiry of the plaintiff, whether he would take a sum certain for the property as affected by the siding, and of its own witness, whether the latter would give a sum certain for the property thus affected.</p> <p>2. Nor was it error to refuse defendant’s offer to prove for what purpose the siding was then and had been used, the amount of freight transferred, and the number of trains run, as evidence of the injury caused by the ordinary and probable uses of the siding.</p>

Judges: Green, McCollum, Mitchell, Paxson, Williams

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