Gorgas v. Philadelphia, Harrisburg & Pittsburg Railroad

Citations

• 215 Pa. 501
• 64 A. 680
• 1906 Pa. LEXIS 832

Syllabus

<p>Railroads — Eminent domain — Damages—Division of land — Town lots— Witness.</p> <p>Where an owner of 150 acres of land divides ninety acres thereof into town lots, and subsequently a railroad company condemns a right of way through the ninety acres, the owner will not be permitted in condemnation proceedings to divide his land into two tracts, and to assess his damages for the injuries done to the ninety acre tract alone, as being the only part of the property affected by the appropriation.</p> <p>Where land has been divided into lots and subsequently a railroad company has condemned a right of way through such land, the owner will not be permitted to introduce testimony to show that the railroad would take so many lots shown on the plan of lots, and the average value of the lots.</p> <p>In railroad condemnation proceedings a witness as to land values cannot be interrogated in his examination in chief as to the money values of land similar to that under investigation.</p> <p>In railroad condemnation proceedings it is’error to admit in evidence an unrecorded paper plan of lots which were not marked on the ground, made twelve years prior to the time of the appropriation, and not including all. of the land as to which damages were to bo assessed.</p>