Bigham v. Pittsburg Construction Co.

Citations

• 29 Pa. Super. 86
• 1905 Pa. Super. LEXIS 270

Syllabus

<p>Railroads■ — Injuries to land, outside of right of way — Damages—Trespass.</p> <p>Where a railroad company deposits large quantities of earth, rock and waste matter, brought from other portions of its right of way, upon land beyond the line of the slope or embankment contemplated by the owner’s grant to the railroad company, the owner may maintain an action of trespass, and in this action elect to treat the injury as permanent in its nature, and to ask that his entire damages be assessed accordingly. In such a case in the absence of sufficient and competent evidence relative to the depreciar tion in value as a measure of damages, the jury should be instructed, that, subject to their finding as to the relation of the part 'occupied by the deposit to the rest of the lot, the cost of removing the material wrongfully deposited on the plaintiff’s land, and putting it in as good condition as if the railroad company’s rights as to the slope had not been exceeded, would be the proper measure of damages, provided such cost would not be greater than the value of the land injuriously affected, and in the latter case the value of such land would be the measure.</p> <p>A landowner granted to a railroad company a right of way upon a hillside with the privilege of extending a slope a certain distance for the support of the road. Subsequently the grade of the road was changed, and a new agreement was made to conform to the changed grade with the necessary slope. The railroad company in constructing its road deposited large quantities of earth, rock and waste matter beyond the lines contemplated by the grant. The landowner brought an action of trespass against the company for the injury. Held, that the plaintiff was entitled to show what deposits were made before the change of grade, and that the deposit complained of was not made in the execution of the grade contemplated when the original grant was made.</p>