McGrunnegle v. Pittsburg & Lake Erie Railroad Co.

Citations

• 213 Pa. 383

Syllabus

<p>Railroads — Condemnation proceedings — Description of land — Amendment.</p> <p>A judgment on a verdict for plaintiff in railroad condemnation proceedings will not be reversed because the trial judge refused to permit the petition to be amended by striking therefrom descriptions of land below low-water mark in a river, where it appears that the amendment was not asked for until after twenty-three witnesses for plaintiff had been examined as to value without objection, and it also appears that the court in its charge clearly and distinctly instructed the jury that they could allow compensation to the plaintiff only for land which she owned, and which did not extend beyond low-water mark.</p> <p>An owner of land fronting on a navigable river has no right to make any filling beyond low-water mark, nor to put any structure or filling even between high- water line and low-water line that would be an obstruction to the use of that part of» the river for navigation.</p> <p>Remarks made by witnesses and even by the court as to the effect of fillings below high-water mark and beyond low-water mark, are not grounds for reversal, where the jury is fully, clearly and distinctly instructed that the effect of such fillings cannot be considered in determining values.</p>