O'Brien v. Schenley Park & Highlands Railway Co.

Citations

• 194 Pa. 336
• 45 A. 89
• 1899 Pa. LEXIS 771

Syllabus

<p>Railroads — Eminent domain — Damages—Evidence.</p> <p>In an action to recover damages for injuries to land caused by the construction of a railroad, where it appears that the land was divided by a street into two portions, through one of which alone the railroad was constructed, and plaintiffs alleged in court that no injury was done to the other, although their statement claimed damages to the entire property, it is not error to admit evidence that the injury was confined to the portion of the property through which the railroad was laid, that being the injury to the whole, and the verdict barring any further claim.</p> <p>Eminent domain — Evidence—Competency of witness.</p> <p>A witness is competent to express an opinion of the value of the property in condemnation proceedings who has an intelligent comprehension of the subject, and who has obtained knowledge of the value of the property in the neighborhood merely in a general way, by making inquiries, so as to make himself generally informed on the subject, or who obtains his knowledge as a county commissioner, by hearing returns of assessments and putting values on properties.</p> <p>Railroads — Eminent domain — Evidence—Opinion of witness.</p> <p>Wliere a railroad is located through a largo piece of ground situate on the public street oí a large city, the owner may be permitted, in condemnation proceedings, to inquire of a witness as to the value of the land, considering that it was possible to lay it out in lots.</p> <p>In condemnation proceedings, evidence by a third party of the value which a former owner placed upon the land is irrelevant, if it is not offered to contradict previous testimony. The best evidence of the former owner’s estimate of its value is his own testimony.</p>