O'Brien v. P. S. V. R.

Citations

• 119 Pa. 184
• 13 A. 74
• 1888 Pa. LEXIS 540

Syllabus

<p>1. The right of action for consequential injuries caused by the construction or enlargement of their works, etc., by municipal and other corporations, and which are within the provisions of § 8, article XVI., of the constitution, accrues when the particular part of the work causing the injury is actually undertaken.</p> <p>2. The action is for consequential damages on the principles of the common law, but the right of action in advance of the actual injury is conferred by the constitutional provision referred to, distinguishing the case from Schuylkill Nav. Co. v. Thoburn, 7 S. & R. 410.</p> <p>3. The question whether a landowner, by the construction of a railroad across a borough street in front of his property, suffered any injury peculiar to himself and differing in kind and degree from that sustained by the general public, was not raised by the assignments of error.</p>