James McMillin Printing Co. v. Pittsburg, Carnegie & Western Railroad

Citations

• 216 Pa. 504
• 65 A. 1091
• 1907 Pa. LEXIS 852

Syllabus

<p>Railroads — Eminent domain — Leasehold estate — Extension of lease— Damages — Measure of damages — Evidence.</p> <p>Where a railroad company attempts to condemn a building under the right of eminent domain without municipal consent, and, before such consent is obtained, a lease of a part of the building is extended, the company will bp liable to make compensation to the tenant for the term as extended, and not merely for the original term.</p> <p>In an action by a tenant whose leasehold interest has been taken under the right of eminent domain, the railroad company cannot complain that the tenant was permitted to recover the cost of removing machinery as a separate item in addition to the value of the lease, where the case was tried by both sides on the theory that there could be such a recovery.</p> <p>Where a building is condemned by a railroad company, the cost to a tenant-of removing machinery may be considered not as a substantive element of damage, but as bearing upon the value of the leasehold interest.</p>