Kersey v. Sch. River E. S. R.

Citations

• 133 Pa. 234
• 19 A. 553
• 1890 Pa. LEXIS 895

Syllabus

<p>1. The proper measure of compensation for the taking of land by eminent domain for railroad purposes, is the depreciation of the market value of the properly caused by the location and construction of the railroad, ordinarily shown by the opinions of witnesses acquainted with the property and with the value of lands in the vicinity.</p> <p>2. That, however, is not the only method of proof. The plaintiff may give in evidence, as a basis for tire computation of this depreciation by the jury, the elements of disadvantage and of burden imposed upon the land, as the direct and necessary result of the location of the railroad upon it.</p> <p>(a) A tenant, through whose leasehold property a railroad was constructed, held under a lease having eighteen months to run, at the time of the entry of the company, by the terms of which lease he was precluded from using the property otherwise than as a coal yard, and from</p> <p>' assigning and sub-letting without the lessor’s consent.</p> <p>(b) The construction of the railroad caused the destruction of appliances belonging to Ihe lessee and essential to the carrying on of his coal business, necessitating the construction by him of others in their place, and causing also an increase in the cost of handling his coal, and in the breakage and waste thereof:</p> <p>8. Testimony was admissible, to show the amount of the lessee’s necessary expenditure in reconstructing appliances to secure the facilities for continuing his business he had previously enjoyed, and the increased expense and loss in handling the coal therewith, not as specific items of claim, but as affecting the market value of the leasehold.</p>