Comstock v. Clearfield & Mahoning Railway Co.

Citations

• 169 Pa. 582
• 32 A. 431
• 1895 Pa. LEXIS 1132

Syllabus

<p>Railroads — Eminent domain — Consequential damages.</p> <p>Whore a railroad company constructs its railroad upon a portion of a town lot, the owner of the lot is entitled to recover, not only the value of the land actually taken,'but also damages for the depreciation in the value of the remainder of the lot, and the jury, in determining the amount of such damages, may consider all the injuries which would probably and naturally result from the reasonable and usual operation of the railroad, such as annoyance from smoke, noise, dust, and jarring of the house by passing trains.</p> <p>In such a ease it is proper to admit evidence of the construction of a water tank near plaintiff’s building, not as ground for damages by such construction, but that its location with reference to the property multiplied trains at that point, and that-a more frequent use of the roadbed on plaintiff’s property was the result.</p>