Boteler v. Philadelphia & Reading Terminal R. R.

Citations

• 164 Pa. 397
• 35 W.N.C. 261
• 30 A. 303
• 1894 Pa. LEXIS 1089

Syllabus

<p>Railroads—Eminent domain — Damages—Leasehold—Statement—Covenants—Notice—Evidence—Competency of witness.</p> <p>In proceedings against a railroad company to recover damages for the taking of a leasehold estate, where the use of the property leased was. limited by the terms of the lease for lodge rooms, witnesses who testify that they have been connected for several years with the business of renting out lodge rooms, and know what localities are most desirable in which • to establish halls to rent to lodges, are competent to testify as to the value of the leasehold.</p> <p>A clause in a lease provided that if the demised premises should be taken by a railroad company,' the lease should thereupon terminate, but that nothing therein contained should “ prevent the lessor or lessees from recovering damages for such taking from the corporations or other persons taking.” The tenants sublet the promises to other persons who had no knowledge of the contents of the lease between the owner and the tenants. Held, that the sub-tenants could recover the value of their leasehold from the railroad company.</p> <p>It seems that where the lessees of a property are restricted by the terms of the lease to a particular use, the value of the property for other uses cannot be considered in condemnation proceedings to ascertain.the value of the leasehold.</p>