Holt v. Pennsylvania Co.

Citations

• 271 Pa. 76
• 113 A. 745
• 18 A.L.R. 567
• 1921 Pa. LEXIS 458

Syllabus

<p>Railroads — Eminent domain — Right-of-way — Condemnation of portion of right-of-way — Damages—Evidence—Case for jury.</p> <p>1. Where a railroad company acquires a right-of-way by grant and condemnation, and, after such right-of-way has ceased to be used for railroad purposes, another railway company condemns a strip of it thirty feet wide, and thereafter appropriates an additional strip, the latter company cannot claim that it paid damages for the whole right-of-way in the first proceeding, if the record of that proceeding shows the company maintained that what was left after the appropriation had value and could be used for railroad purposes.</p> <p>2. In such case, where the evidence is conflicting as to the original width of the right-of-way, and also as to whether a severance of parts of the right-of-way from the part now appropriated had not resulted from the first appropriation, thus eliminating a claim for damages to the whole right-of-way, but plaintiff alleges that by means of crossing frogs the whole right-of-way can be connected up, the case is for the jury to determine the disputed questions of fact.</p>