Iron City Automobile Co. v. City of Pittsburgh

Citations

• 253 Pa. 478
• 98 A. 679
• 1916 Pa. LEXIS 875

Syllabus

<p>Eminent domain — Municipalities—Streets — Change of grade — Leasehold interest — Damages—Measure of damages — Charge of court.</p> <p>1. The measure of damages for injury resulting to an abutting property from the change of grade of a city street is the same whether the plaintiff be a tenant for years or an owner in fee; it is the difference between the value of the property before and after the injury.</p> <p>2. Where a leasehold has been affected by the change of grade of a street, the values involved may be shown by opinion testimony, but a plaintiff is not restricted to this class of evidence. He may prove the various elements directly entering into and affecting the value of the remainder of his term; which, however, must not be assumed or speculative, but such as it is reasonable to assume would be taken into account by a prospective purchaser.</p> <p>3. While in such a case the property interest of the tenant is to be estimated without regard to his personality, and without consideration of the actual state of his business or the profits derived therefrom, if the leasehold is one which because of certain peculiar qualities in and of itself actually produces a revenue or enables the tenant directly to make a regular saving in the conduct of his business aside from the results of his personal management, then these are elements which may be taken into account in fixing the value of the term.</p> <p>4. The tenant may show in such case that by reason of the public improvement the rental value of the premises had suffered a loss or depreciation which, owing to the fact that the actual rent must remain as theretofore, necessarily would affect the market value of his leasehold.</p> <p>5. In such case the mere presence of a provision in the lease that the landlord has the right to dispossess the tenant at any time upon a short notice, while an element for consideration, will not defeat the right of recovery by the tenant if he proves a depreciation in the value of