Miller v. Western Allegheny Railroad

Citations

• 47 Pa. Super. 613
• 1911 Pa. Super. LEXIS 213

Syllabus

<p>Railroads — Eminent domain — Condemnation proceedings — Evidence.</p> <p>1. On the trial of an issue to determine the damages for the taking of land for the purpose of a branch railroad where the evidence showed that the damages suffered were chiefly from the operation of the railroad, and that the chief business of the branch was the transportation of coal from lands in the vicinity, it is proper to admit evidence showing the physical extent of the coal vein, that it was small in area and would be soon exhausted.</p> <p>'2. In such a proceeding, where the plaintiff shows that he owned and operated an oil well near the branch line, it is proper to permit the defendant to show that the quantity of oil produced from the well was steadily diminishing.</p> <p>3. In a proceeding to assess damages for land condemned for the use of a branch railroad, it is improper to permit a witness for the railroad company to express an opinion that the right to use the land for railroad purposes will soon be abandoned.</p> <p>4. In such a proceeding where it appears that the plaintiff had sold the coal under his land, it is reversible error to compel him upon cross-examination and against the objection of his counsel to testify that he had sold his coal, and had obtained for it a larger price than that received by some of his neighbors.</p>