Baird v. Schuylkill River East Side R. R.

Citations

• 154 Pa. 459
• 25 A. 833
• 1893 Pa. LEXIS 914

Syllabus

<p>Railroad — Eminent domain — Loss of storage space — Charge.</p> <p>In condemnation proceedings to recover damages for injuries caused by the construction of a railroad through a marble yard abutting on a river, where the plaintiff claims loss of storage space under a traveling crane, it is not error for the court, after correctly charging that the measure of damages is the difference between the market value of the land before and after the construction of the railroad, to affirm the following point for defendant: If the jury believes from the evidence that the loss of storage space under the traveler is the principal cause of the plaintiff’s claim that the railroad has injured the property, and that such space under the control of the same traveling crane can be duplicated by suitable mechanical appliances so as to restore to the plaintiff the equivalent amount of storage space under the control of his machinery, rendering the mill property available for its full use, then the cost of such appliances can be considered, not as an item of damage, but as a measure of the injury, if any, to the land, due to the taking of a portion of the space controlled by the traveler and heretofore used for storage purposes.</p>