Becker v. Philadelphia & Reading Terminal Railroad

Citations

• 177 Pa. 252
• 35 A. 617
• 1896 Pa. LEXIS 972

Syllabus

<p>Railroads — Eminent domain — Damages—Taking personal property— Profits of business — Constitutional law — Evidence.</p> <p>The constitution of 1871 made no change in the character of the property for which damages could be recovered when taken for public use. It merely enlarged the right of recovery from taking, to injury or taking. There can be no recovery for an actual or supposed loss of profits in a business carried on upon the premises, nor for taking personal property, unless it is taken as material used in construction. A common law action will lie for any trespass to personal property by taking or injuring it, but no damages can be recovered for it in condemnation proceedings.</p> <p>In condemnation proceedings instituted by a railroad company, the pleadings were framed so as to raise an issue only as to the value of the land taken. It appeared that no personal property was taken, and that the owner had ample time to remove his goods. The owner offered to show that he was carrying on the business of tailoring on the premises, that he had a large amount of merchandise purchased for his trade at this place, that by reason of the location of the railroad on his premises he could no longer carry on his trade there. He also offered to show the difference between the market value of his merchandise and fabrics in the store and their actual value if removed to some other place and applied to the same or some other use. Held, that there was no error in rejecting these offers of evidence; the removal of personal property cannot be considered as an item of damages in the taking of real estate.</p> <p>Eminent domain — Land damages — Interest.</p> <p>In condemnation proceedings it is not error for the court to charge the jury: “ You are not entitled to give interest upon the damages, but you will remember that this property is taken as of May 14, 1891, and in estimating the amount of your verdict, if you find that there has been additional damage because of the lapse