Beaver v. Harrisburg

Citations

• 156 Pa. 547
• 27 A. 4
• 1893 Pa. LEXIS 1383

Syllabus

<p>Eminent Domain — Streets—Agreement with owner — Consequential damages.</p> <p>Under an ordinance for widening a street. “ for street purposes and for an overhead bridge with a side approach,” a city appropriated a strip of land on the south side of the street and paid to the owner’s agent by agreement a certain sum therefor. When the owner’s agent entered into the agreement as to the price, he lsnew that the land was to be used as an approach for and overhead bridge across the street. The owner also owned the land on the opposite side of the street, by a different title to the land on the south side. The street was a dividing line between two wards. Held, by a divided court, that the agreement as to price, between the landowner .and the city, as to the land actually appropriated did not estop or prevent fhe owner from recovering consequential damages for the injury done to his land on the north side of the street by the construction of the bridge.</p>