Leach v. Philadelphia, Harrisburg & Pittsburgh Railroad

Citations

• 262 Pa. 89
• 105 A. 50
• 1918 Pa. LEXIS 594

Syllabus

<p>Eminent domain — Railroads—Alleys—Right of way — Condemnation — Points for charge — Refusal—Practice, C. P.</p> <p>1. A point requesting tbe court to charge on a number of distinctly different questions without stating what was to be charged was properly refused.</p> <p>2. Where a railroad company has condemned for railroad purposes an alleged easement of way over an alley and it appears that such .alley was plotted on a recorded plan before plaintiff purchased his land, and plaintiff’s deed referred thereto as one of the boundaries to his property, the court did not err in answering plaintiff’s point that “so far as the plaintiff’s right to recover damages in the present action is concerned it is immaterial whether the public accepted the dedication of the fifteen feet alley or not” by saying “without regard to any rights of the public, this plaintiff may have a right of property, which he obtained by those deeds, bounding that property by an alley......such a right......may be condemned by a proceeding like this.......If you find......that he considered, and his grantor considered that he had a right of property in that, then he may be compensated for it whatever it may have been worth, that is whatever the deprivation of it may injure or depreciate the value of his property.”</p>