Patton v. City of Philadelphia

Citations

• 175 Pa. 88
• 38 W.N.C. 147
• 34 A. 344
• 1896 Pa. LEXIS 1211

Syllabus

<p>Road law — Streets—Eminent domain — Damages—Municipalities—Evidence.</p> <p>Where land is taken by a municipality for a street evidence is admissible by the owner to show of what uses his property was capable, and how such uses have been interfered with, not as independent items of claim, but as necessary elements in determining the relative value of the whole tract and the remainder after the taking.</p> <p>Where a street is opened at a grade that leaves the adjoining property in a depression, the expense of putting the property in condition to make use of the street is one of the elements of damages, and it is proper to treat it as a part of the case for damages for the taking.</p> <p>In such a case offers of evidence as to the amount and cost of filling required to make the lot conform or be available for use at the new grade are competent, and should be admitted, not as independent items of damage, but as elements to be taken into consideration by the jury, together with the other circumstances, in determining the market value of the property before and after the taking of part of it for the street.</p>