Pattison v. Buffalo, Rochester & Pittsburgh Ry. Co.

Citations

• 268 Pa. 555
• 112 A. 101
• 1920 Pa. LEXIS 735

Syllabus

<p>Railroads — Eminent domain — Damages—Compensation for delay — Set-off—Rents, issues and profits — Delay in making improvement — Interest—Case for jury.</p> <p>1. Where land is appropriated under the power of eminent domain, the owner’s right to any use of the land ceases. There is substituted for it a claim for damages.</p> <p>2. An owner is entitled to damages for delay in payment unless he stubbornly refuses to name a price, makes extortionate demands or, by capricious conduct, hinders negotiations.</p> <p>3. If after the paper taking, the owner continues in actual occupancy of the land, receiving therefrom rents, issues and profits, he is not entitled to have this benefit and full compensation for delay in payment.</p> <p>4. Where set-off for use is made to appear, the jury should be permitted, from sufficient evidence, to ascertain the net value of such use, and deduct it from compensation for delay.</p> <p>5. Where there is merely some evidence that the owner farmed land, it is reversible error for the court to charge that if the jury find the owner farmed the land, he would not be entitled to compensation for delay.</p> <p>6. A mere permissive use for the convenience of the owner, will not be considered, such as a use for ingress and egress; nor will any benefit derive by the failure of the company to build its improvement, thereby delaying the annoyance and inconvenience following the improvement.</p>