Crider v. Pittsburg, Harmony, Butler & New Castle Railway Co.

Citations

• 54 Pa. Super. 587
• 1913 Pa. Super. LEXIS 110

Syllabus

<p>Street railways — Eminent domain — Death of owner — Right to damages —Bond—Ascertainment of damages.</p> <p>1. Where an owner of land grants to a street railway company a right of way defined and located in the deed, and thereafter the railway company without the knowledge or consent of the owner who did hot live on the land, relocates a larger part of its line, and subsequently the owner dies, the right to damages as to the part relocated passes with the title to the heirs at law of the owner; and if the railway company tenders a bond to the heirs which they accept, the company in an action on the bond cannot allege that the heirs were not the proper parties to recover the damages.</p> <p>2. In such, a case the damages are to be ascertained as of the date of the giving of the bond and not as of the date of the original entry upon the land.</p>