Pennsylvania R. v. Marchant

Citations

• 119 Pa. 541
• 13 A. 690
• 1888 Pa. LEXIS 577

Syllabus

<p>1. The mischief which the constitutional convention had before it in the adoption of § 8, article XVI., of the constitution of 1874, was the want of a remedy under previous constitutions to obtain compensation when property was injured or destroyed in the construction or enlargement of corporate works, though no portion of it was actually taken by the offending corporation; instances: O’Connor v. Pittsburgh, 18 Pa. 187; Monongahela Nav. Co. v. Coons, 6 W. & S. 101.</p> <p>2. The remedy provided by said constitutional provision, to secure just compensation by corporations for property “injured or destroyed,” has relation to injuries which, though popularly termed consequential, are yet to be understood as confined to such injuries to one’s property as are actual, positive and visible, the natural and necessary results of the original construction or enlargement of its works by a corporation, and of such certain character that compensation therefor may be ascertained at the time the works are being constructed or enlarged, and paid or secured, as provided in the constitution, in advance; instances: Reading v. Althouse, 93 Pa. 400; New Brighton v. U. P. Church, 96 Pa. 331; Phil. & R. R. Co. v. Patent, 17 W. N. 198; Penn. R. Co. v. Duncan, 111 Pa. 352; Chester Co. v. Brower, 117 Pa. 647.</p> <p>3. The necessities of a railroad company and the public character of its business compel it to seek the heart of a city; and, where, upon property it has itself acquired, it has constructed its roadway without taking any portion of the property of the plaintiff, it is not liable for indirect injuries to the plaintiff which are the result merely of the subsequent . operation of its railroad in a lawful manner, without negligence, unskilfulness or malice : Penn. R. Co. v. Lippincott, 116 Pa. 472, approved.</p> <p>4. The word “injury” (or injured), as used in § 8, article XVI., of the constitution, we understand to mean such a legal wrong as would be the subject of an action for