Gorgas v. Phila. R.

Citations

• 144 Pa. 1
• 22 A. 715
• 1891 Pa. LEXIS 578

Syllabus

<p>1. A point for instruction, containing eleven paragraphs, each proposing a distinct subject for the consideration of the jury, in assessing damages for the appropriation of land under the right of eminent domain, may well be refused by the trial court, on account of the manner in which it is presented.</p> <p>2. In assessing damages for the location and construction of a railroad through a farm, the owner is not entitled to an allowance for interference with his access, by means of a public highway, to a watering place thereon but within the bounds of another’s land, arising from the manner in which the highway is crossed by the railroad.</p> <p>8. Whether the location of a station near to the plain tiff’s land is a special advantage thereto, is a question for the jury, to' be determined by the facts of the particular case; and it is proper to charge that, if the jury find that a special advantage has accrued from such location, it may be set off against the actual disadvantages.</p> <p>(«) The jury, in this case, having been sent to view the land, the court charged: “What you observed on the view you must remember as part of the evidence. The statements of the witnesses must be considered by you, yet you are not bound to be controlled thereby, if your own examination of the premises leads to a different conclusion: ”</p> <p>4. This instruction, when followed by the statement that the verdict must be based upon the testimony of the witnesses and what the jury saw upon the ground, was unobjectionable. All that could fairly be implied from it, was that the jury need not ignore the evidence of their senses, and give weight to testimony which their view showed to be erroneous.</p> <p>5. The true rule, in such cases, is that the jury, in estimating the damages, shall consider the testimony of the witnesses in connection with the facts as they appeared upon the view; and upon the whole case, as thus presented, ascertain the difference between the market values of the p