Hoffman v. Philadelphia

Citations

• 250 Pa. 1
• 95 A. 322

Syllabus

<p>Municipalities — Eminent domain — Damages—Compensation^ for delay — Land taleen for parle — Act of June 15,1871, P. L. 891 — Evidence — Improper valuations hy witness — New trial.</p> <p>1. When land is taken by a municipality in the exercise of the power of eminent domain, the owner is deprived of the use of his property and should be compensated at once for the injury done; if payment be delayed the owner has the prima facie right to claim damages as compensation for delay. If the municipality would excuse itself for delaying payment, the burden is upon it to show that the owner has been extortionate in his demands and has named a sum exorbitant and unreasonable; failing in this the right of the owner to damages for delay in payment in such amount as the jury may assess is unquestionable.</p> <p>2. On the trial of an appeal from an award of viewers in proceedings to assess damages for land condemned by a municipality the trial judge committed reversible error in charging the jury that the plaintiff was not entitled to damages for delay in payment if there was an unreasonable, unwarrantable and stubborn claim by him for excessive damages, in the absence of evidence that the parties had made any effort to agree on the damages or that plaintiff had made any demand whatever upon defendant therefor.</p> <p>3. The Act of June 15, 1871, P. L. 391, providing that “It shall not be lawful to assess, apportion or charge the whole or any portion of the damage done to or value of the land so appropriated to, among, or against other property adjoining or in the vicinity” thereof, is applicable in proceedings to assess damages for land appropriated for park purposes, although the statutory rule has been modified by subsequent legislation as applied to many kinds of street and other public improvements.</p> <p>4. In proceedings to assess damages for land appropriated for park purposes the measure of damages is the difference between the market value of the entire tract before