Consolidated Ice Co. v. Pennsylvania Railroad

Citations

• 224 Pa. 487
• 73 A. 937
• 1909 Pa. LEXIS 829

Syllabus

<p>Railroads — Eminent domain — Condemnation of leasehold — Improvements — Use of improvements — Removal of improvements.</p> <p>Where a railroad company after having acquired a fee in leased premises, files a bond to condemn the unexpired term of the leasehold, and notifies the lessee, who has the right to remove the improvements, to remove the same, and upon the lessee’s refusal to do so, the company removes and sells them after proper advertisement, the lessee is entitled to recover the value of the leasehold interest including the use of the improvements for the unexpired term and also the amount of money which the company received from the sale of the improvements, if such sale was made after a proper and bona Me effort by the company to secure the best prices for the property. In such a case the lessee is not entitled to the value of the machinery and fixtures in place, but only to the value of their use during the unexpired term.</p>