Chambersburg & Bedford Turnpike Road

Citations

• 20 Pa. Super. 173
• 1902 Pa. Super. LEXIS 202

Syllabus

<p>. Turnpike road companies — Condemnation of road — Act of June 2, 1887, P. L. 306 — Exceptions for purpose of review.</p> <p>Exceptions which, may be taken for the purpose of review in proceedings under the Act of June 2, 1887, P. L. 306, relating to the condemnation of turnpike roads, refer to the instructions given by the master to the viewers upon matters of law, and not to the admissibility of evidence, issuing writs of subpoena or compelling attendance of witnesses and production of papers. The jury of View may consider evidence independent of that offered before the master.</p> <p>Turnpike roads — Condemnation—Measure of damages.</p> <p>In proceedings to condemn a turnpike road the fair value of the roadbed, and the fair value of the franchises at the time of the condemnation are to be determined from the physical condition of the property, its substructure, superstructure, and approaclie to bridges together with the right or privilege of the company to collect tolls from travelers. The entire company rights of the turnpike company are taken, and it is the value of the property to the owner and not to the county taking it, that is to be determined.</p> <p>Where a county institutes proceedings to condemn the portion of a turnpike road lying within the limits of the county, the character and productiveness of the whole road, and of the part affected by the proceedings are evidence to assist the jury in determining the value of the part condemned as compared with the whole road. It is not conclusive proof, but is for the consideration of the jury along with the other evidence in the case.</p> <p>Tlie returns made by a turnpike road company to the auditor general' for the years preceding condemnation proceedings, are competent evidence to show the value placed by the company upon its own stock, since the valuation was made under oath by its own officers.</p> <p>Where tollhouses are not within the right of way of a turnpike road, but are built by the company on