North Shore Railroad v. Pennsylvania Co.

Citations

• 251 Pa. 445
• 96 A. 990
• 1916 Pa. LEXIS 483

Syllabus

<p>Eminent domain — Railroads—Evidence—Strategic position of land — Damages—Measure of damages.</p> <p>1. Tbe measure of damages in eminent domain proceedings, where a part only of the property is taken, is the damage to the property as a whole; so much as belongs to the same proprietor and which is connected with the part taken and used for the same purposes, will in general, be held to constitute an entire holding.</p> <p>2. In proceedings to assess damages for land of a railroad company which had ceased to operate, and which land had been condemned by another railroad company, the admission in evidence of deeds covering a portion of the property of plaintiff, not included in the land appropriated by defendant, for the purpose of showing the extent of the property before the condemnation, as a continuous right of way, was not error.</p> <p>3. In such case, minutes of a railroad company from which plaintiff acquired title, concerning the purchase of certain rights of way, were admissible in evidence for the purpose of showing title in plaintiff, and also to show the extent of plaintiff’s holdings; it was not material that the minutes contained statements as to the valuation of the property, where they were not offered for the purpose of showing its value.</p> <p>4. In proceedings to condemn land for railroad purposes, for a bridge site, or for a reservoir or water-supply, it may be shown that the land has an especial availability which would render it of value to anyone who might wish to purchase it for such purposes, and the owner may insist upon this availability of his land for the particular purpose as an element in estimating its value.</p> <p>5. Where in such case, it appeared that plaintiff had lost its right to operate the railroad, the damages for taking the right of way were not thereby limited to the value of the ground for rural or agricultural purposes, and the court properly admitted evidence tending to show that the property as a whole occupied a str