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· 10/23/1893

Cameron v. Pittsburgh & Lake Erie R. R.

Citations

  • 157 Pa. 617
  • 27 A. 668
  • 1893 Pa. LEXIS 1462

Syllabus

<p>[Marked to be reported.]</p> <p>Railroads — Eminent, domain — Condemnation proceedings — Damages— Division of farm by canal — Damages to whole farm.</p> <p>The construction of a canal through a farm does not have the effect of converting the farm into two separate and distinct tracts, so as to limit the allowance of damages for the construction of a railroad to one part of the farm only.</p> <p>In a proceeding against a railroad company to recover damages for the construction of a railroad across a farm, it appeared that the farm was intersected by a canal, and that the land taken by the railroad was wholly on one of the portions of the farm into which it was divided by the canal. The canal was unused, but the fee in its bed was not in the owner of the farm. Both before and sifter the construction of the canal, the land had been used as one undivided farm. The deed to plaintiff, however, described separately the parts lying on either side of the canal. Held, that evidence to show depreciation in the value of the farm as a whole was admissible.</p>

Judges: Dean, Green, McCollum, Mitchell, Stebbett, Sterrett, Thompson, Williams

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