Philadelphia Ball Club, Ltd. v. City of Philadelphia

Citations

• 182 Pa. 362
• 38 A. 357
• 1897 Pa. LEXIS 820

Syllabus

<p>Boad law — Change of grade — Leasehold—Future income — Damages.</p> <p>In a proceeding by a baseball club against a city to recover damages for an alleged diminution in the value of the leasehold of its ball grounds resulting from a change of grade of a street, where there is no proof that the change of grade affected the income of the club, and the uncontradicted testimony is that the income increased during the progress of the improvement, and continued to increase until the time of the trial, a period of three years, the jury should be instructed that the evidence is insufficient to justify them in allowing any damages whatever for alleged loss of income, whether in the three years which had already elapsed or in the remaining years of the lease.</p>