Mitchell v. Columbia & Port Deposit Railway Co.

Citations

• 233 Pa. 25
• 81 A. 898
• 1911 Pa. LEXIS 460

Syllabus

<p>Railroads — Eminent domain — Condemnation proceedings — Damages— Evidence.</p> <p>1. An appeal from the report of a jury of view awarding damages in a railroad condemnation proceeding is not an action for trespass for an illegal entry entitling the plaintiff to a verdict upon mere proof of the entry. It is an action for damages alleged to have been sustained by the lawful entry of the railroad company under the right of eminent domain, and before the plaintiff can recover he must prove the difference in the market value of his property immediately before and after the construction of the railroad. If he fails to do this a nonsuit is properly entered.</p> <p>2. A witness in a railroad condemnation case will not be permitted to express an opinion on the value of the land condemned, where it appears that he never lived in Pennsylvania, was not acquainted with the value of property in the vicinity, and only professed knowledge of property of a similar character thirty miles away in another state; nor will another witness be permitted to express an opinion where it appears that he had been on the tract forty years before, but could not say when he last saw it, and did not pretend that he was acquainted with the value of property in the neighborhood.</p>