Leaf v. Pennsylvania Co.

Citations

• 268 Pa. 579
• 112 A. 243
• 1920 Pa. LEXIS 740

Syllabus

<p>Railroads — Eminent domain — Condemnation of land — Evidence —Experts—Price of other lands — Damages—Amount—New trial ■ — Discretion—Waters—Rivers—Navigable rivers — -Low watermarlc.</p> <p>1. A witness in a railroad land damage case cannot be asked the price paid for a part of the same piece of land by the railroad company.</p> <p>2. In grants of vacant lands, streams not actually navigable belong to the owner of the tract, or, where they form a boundary, the grantee acquires title to the center.</p> <p>3. Large rivers and principal streams, navigable, belong to the Commonwealth, and a grantee takes title to low watermark as to such streams.</p> <p>4. An act of assembly, declaring a stream navigable which is in fact navigable, will not cause that stream to be considered as a non-navigable river prior to the act; so that a grantee, bounding thereon, will not take title to the middle of the stream.</p> <p>5. Where a river is in fact navigable it always remains So, notwithstanding declarative legislation with respect to it.</p> <p>6. Erosions from an owner’s land, caused by excavations made by one having the right of eminent domain, are elements of damage.</p> <p>7. A court may instruct the jury to use their good sense or “horse sense,” where the estimates of damage range from $4,000 to $160,000, and where the extent of the taking is a small strip along a former condemnation.</p> <p>8. There is no abuse of discretion in refusing a new trial under such circumstances.</p>