Long v. Harrisburg Etc. R.

Citations

• 126 Pa. 143
• 19 A. 39
• 1888 Pa. LEXIS 702

Syllabus

<p>1. Compensation for land taken for railroad purposes under the right of eminent domain, consists in giving hack an equivalent, either in money, or actual value otherwise conferred; and just allowance must therefore be made for the advantages which may have resulted to the landowner, in consequence of the building of the road over his land.</p> <p>2. The advantages thus to be considered are such only as are special and actual to the property which is claimed by the landowner to have been injured, and, in comparing the advantages and disadvantages, the general appreciation of property in the neighborhood, consequent upon the construction of the railroad, is to be disregarded.</p> <p>8. The test is, whether the land would sell in the market for as much after the construction of the railroad as before; if it would, the owner is not entitled to damages; if it would sell in the market for less, after than before, the owner is entitled to recover the difference.</p>