Pennsylvania R. v. Lippincott

Citations

• 116 Pa. 472
• 9 A. 871
• 1887 Pa. LEXIS 413

Syllabus

<p>A railroad company constructed a viaduct or elevated roadway upon property owned by it in fee lying on one side of a street, and operated its steam railway thereon. From the noise, smoke and dust caused by the engines and cars, the necessary consequence of the operation of the railroad, injuries resulted to the plaintiff’s property on the opposite side of the street, no portion of which property was taken or used in the construction of said viaduct. In an action on the case for such injuries, the court below instructed the jury that the plaintiff could recover, and that the measure of damages would be the difference between the market values before and after such construction: Held,</p> <p>1. That such instruction was error.</p> <p>2. That, except on proof of negligence, the lawful use by a railroad company of a lawful erection entirely upon its own property, is not the subject of damage, even under section 8, Article xvi., of the Constitution.</p> <p>3. Pusey v. Allegheny, 98 Penn. St. 522; Pittsb. Junction R. Co. v. McCutcheon, 18 W. N. 527; Penn. R. Co.’s App., 18 Idem 418, distinguished.</p>