Lehigh Coal Co. v. Wilkes-Barre & Eastern Railroad

Citations

• 187 Pa. 145
• 41 A. 37
• 1898 Pa. LEXIS 1099

Syllabus

<p>• Mines and mining — Culm—Personal property.</p> <p>Culm mined from its original place, and piled on the ground, is personal property.</p> <p>Eminent domain — Talcing of culm — Measure of damages.</p> <p>Where a culm bank is taken by a railroad company under the right ot eminent domain, the owner is entitled to recover the market value of the coal in the bank at the breaker, at the time the taking occurred, less the estimated cost of removing, cleaning, screening and preparing for market. In estimating the market value the advantage of getting a present lump sum, instead of instalments from time to time by sales of the coal, and also the just allowance to be made for wear and tear of machinery, interest on capital invested, etc., are proper subjects for consideration.</p> <p>Where property is taken under the right of eminent domain the owner is entitled to recover what the property of which he has been depi’ived would have produced to him, not what it may be worth to the person taking it.</p>