Kleppner v. Pittsburgh, Bessemer & Lake Erie Railroad

Citations

• 247 Pa. 605
• 93 A. 765
• 1915 Pa. LEXIS 892

Syllabus

<p>Eminent domain — Condemnation of land — Damages—Measure of damages.</p> <p>1. While in condemnation proceedings the owner of land condemned is entitled to have the jury consider the value of the property for any and every purpose for which it may be used, and to have the damages assessed upon a basis of the most valuable use to which the property may be adapted, he cannot show its value by proving that the land could be divided into lots and what the lots would be separately worth; and the testimony of experts as to the value of such land, based exclusively upon their estimate of the number of lots into which the land could be divided ¡and the value of each, should be stricken out, and the refusal of the court so to rule is reversible error.</p> <p>2. In showing the character of the land condemned plaintiff may show that it contained minerals by evidence that in drilling the property, for oil, veins of coal had been discovered; the sinking of a shaft, or other development, need not be shown.</p>