Penn. Schuyl. V. R. v. Ziemer

Citations

• 124 Pa. 560
• 17 A. 187
• 1889 Pa. LEXIS 1060

Syllabus

<p>1. The right of action against a railroad company for consequential injuries to land from the construction of a railroad, where no part of the land itself is taken, accrues when the railroad is constructed, and not when it is first located and the appropriation made.</p> <p>2. Where a witness has testified 'for the plaintiff as to the manner in which the construction of a railroad has affected the market value of property injured, it is incompetent to inquire on cross-examination what the company paid in settlement of injuries to other properties near to that of the plaintiff.</p> <p>3. Upon the amount found by the jury as damages for consequential injuries caused by the construction of a railroad in proximity to the land of the plaintiff, interest may be allowed from the date of the construction, not as interest but as part of the damages.</p> <p>4. Where a railroad is laid down upon a public street, and, though at grade, is so constructed with reference to the property of an abutting owner, that by its lawful operation the drainage is interfered with and access to the property rendered dangerous, the company is liable for the consequential injuries resulting, under § 8, article XVI. of the constitution.</p> <p>5. It seems that, in such case, injuries to the business of a store kept by the landowner in a building, which, though upon the property injured does not itself abut upon the street occupied by the railroad company, may be considered as an element of damage, in so far as affecting the value of the property.</p>