Curtin v. Nittany V. R.

Citations

• 135 Pa. 20
• 26 W.N.C. 161
• 19 A. 740
• 1890 Pa. LEXIS 1147

Syllabus

<p>1. In the assessment of damages for land taken or injured in the exercise of the right of eminent domain, the market value of the property, before and after the injury, cannot be ascertained by evidence of particular sales, under special circumstances, of other properties alleged to be similarly situated.</p> <p>2. It is competent to adduce testimony as to all matters hearing upon the location, condition and quality of the land in question, and show the general selling price of land in the neighborhood, as data from which the jury may determine the market value, but evidence of particular sales is not admissible.</p> <p>(а) In a proceeding to assess such damages, the court charged that the market value of the land in question might be ascertained by sales of land adjoining, and, when there had been no public sales, from the opinion of men of experience and judgment who were acquainted with the property:</p> <p>3. Such instruction could not be complained of by a party who brought out the only testimony, respecting particular sales, to which it could apply; but it was not erroneous, when, in view of the general tenor of the charge, the reference was plainly to the general selling price, and not to any particular sales.</p> <p>4. If additional fencing is made necessary by the location and construction of a railroad through a tract of land, the increased burden of fencing thus cast upon the land may be considered in assessing the owner’s damages, hut only so far as it depreciates the market value of. the property.</p> <p>(б) The local act of April 9,1868, P. L. 779, makes it the duty of railroad companies in the counties to which it applies, to fence their roads, and in default thereof renders them liable for the value of any horses, cattle, sheep or swine injured in consequence of such neglect. It also imposes a pecuniary penalty for neglect to keep up the fences required :</p> <p>5. Notwithstanding this act, a jury assessing land damages, in a county governed by it