Kossler v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 208 Pa. 50
• 57 A. 66
• 1904 Pa. LEXIS 698

Syllabus

<p>Railroads — Eminent domain — Damages—Business profits — Salt well.</p> <p>In a proceeding against a railroad company to assess damages for the taking of a lot of ground under the right of eminent domain, the value of a salt water well upon the premises is one of the elements of value of the property. But the market value of such a well is not to be determined by evidence of the profits which may be made by treating the product of a well in a manufacturing plant operated with successful business skill. The market value of the well is merely its selling value as such.</p> <p>In condemnation cases the jury have no right to allow damages for distinct items and reach a verdict by adding them together,</p> <p>Railroads — Eminent domain — Damages—Adjoining properties.</p> <p>In order that two properties having no physical connection may be regarded as one in the assessment of damages for right of way, they must be so inseparably connected in the use to which they are applied as that the injury or destruction of one must necessarily and pérmanently injure the other.</p> <p>In a proceeding to assess damages for a right of way for a railroad located over one of two lots, it appeared that the two lots although adjoining were separated by a stream with such high and steep banks as to permit no passage, except by a bridge, and that such a bridge had not been built. It did not appear from the evidence that the two lots had ever been used as a single tract. There was testimony that the smaller tract which was not touched by the railroad had been purchased for the purpose of affording access by means of a bridge to the other tract. Held, that it was error for the trial court to charge the jury as a matter of law that they could consider the two lots as a whole, in assessing the damages.</p>