Hankey v. Philadelphia Co.

Citations

• 5 Pa. Super. 148
• 1897 Pa. Super. LEXIS 204

Syllabus

<p>Corporations — Eminent domain — Trespass—Actions.</p> <p>A company, entitled to exercise the right of eminent domain, having, ■without tender of bond or effort to agree as to damages, laid a gas pipe and erected a telephone line along a public road through the land of plaintiff, who knew of the work but made no active effort by bill in equity or otherwise to stop it, the company cannot be deprived of the easement acquired, but the owner is entitled to a common-law action to recover damages for the injuries sustained.</p> <p>Eminent domain — Gas pipe on public road — Measure of damages.</p> <p>The measure of damages for injuries sustained by a company enjoying the privileges of eminent domain, which has entered upon a public road, without observing the forms required by law, should be determined in an action of trespass, on similar principles to those governing proceedings under general railroad laws, where land is taken or injured by the company; that is, the measure of damages is the difference between the market value of the land immediately before the defendant’s entry and immediately after as affected by such entry, acts and occupation.</p>