Keil v. Chartiers V. Gas Co.

Citations

• 131 Pa. 466
• 19 A. 78
• 1890 Pa. LEXIS 1133

Syllabus

<p>[To be reported.]</p> <p>1. When a corporation invested with the right of eminent domain enters upon land without a compliance with the requirement that the compensation shall be paid or secured before such entry, trespass will lie, and the right of action vested in the landowner at the commission of the trespass is not divested by the subsequent tender and approval of security and the institution of proceedings to condemn the land.</p> <p>2. But compensation for the permanent injury arising from the appropriation of the land, under the power of eminent domain, is to be assessed in the statutory proceeding; and evidence as to the effect of such appropriation upon the market value of the property a part of which has been taken, is inadmissible upon the trial of an action for the trespass of entering without previous payment or offer of security.</p> <p>3. When such incompetent evidence has been admitted on such a trial, and the testimony discloses no other injuries, except the actual breaking of the plaintiff’s close, if the evidence as to the permanent injury-arising from the appropriation be not withdrawn from the consideration of the jury, the error in admitting it is not cured by an instruction to give the. plaintiff damages only for the ¿trespass on his rights down to the date of approval of the bond.</p> <p>t, In an action for a trespass committed by the defendants’ employee, an instruction that it was for the jury to judge whether exemplary damages should be given, was inadequate and too indefinite; the jury should have been informed as to the rules of law applicable, and should not have been permitted to give such damages, unless the injury was shown to be the result of the defendant’s wantonness, or at least of his culpable inattention and neglect in the conduct of Ms business.</p>