Downey Bros. v. Pennsylvania Railroad

Citations

• 219 Pa. 32
• 67 A. 916
• 1907 Pa. LEXIS 598

Syllabus

<p>Railroad companies — Change of grade — Waters—Damages.</p> <p>In an action against a railroad company to recover damages for injuries resulting from water by reason of an alleged illegal change of grade of a street in front of plaintiff’s premises, where the pleadings show that the plaintiff’s claim is for injuries of a temporary nature, or to personal property, the plaintiff may recover for such injuries as were suffered subsequent to his acquisition of title, even though the act causing them had occurred before that date.</p> <p>In such a case it is proper to limit the jury in the amount of their verdict to such a sum, as would, if properly expended, have prevented the water from flowing into the property; and it is not error in making this conditional upon the finding by the jury that the plans suggested, or some of them, should be effective.</p> <p>Evidence — Witness—Estimate by witness — Change of grade.</p> <p>Where a witness testifies that he has actually seen the work of changing the grade of a street carried out, he may give an estimate as near as he can tell of the height of the change of grade, although he had not made an actual measurement.</p> <p>Appeals — Assignments of error — Evidence—Place where evidence is printed.</p> <p>An assignment of error to the exclusion of evidence will not be considered, where the assignment does not refer to the place where the matter referred to, appears in its regular order in the printed evidence as required by rule 31.</p>