Phillips v. St. Clair Incline Plane Co.

Citations

• 166 Pa. 21
• 31 A. 69
• 1895 Pa. LEXIS 1146

Syllabus

<p>Inclined planes—Bailroads—Condemnation proceedings—Damages— Lots—Tenants in common—Evidence.</p> <p>Where tenants in common make apian of theirland showing lots, streets and alleys and agree to a partition among themselves, but before the deeds are executed and the plan is recorded, an incline plane company enters upon the land to construct its works, the owners may claim in their petition damages not only for the land actually taken, but also for the appropriation of ways or easements appurtenant to the land; but the streets laid down bn the plan, not opened or accepted by the public, cannot be treated as-actual streets.</p> <p>In such a case the owners may offer the plan as evidence of the capacity of the land for improvement in a certain way; and the company may give evidence of an equally advantageous use in a different way with which the incline would not interfere, or which it might aid. Such evidence on both sides is admissible because of its bearing on the damages to the plaintiffs as owners of the land taken, or of rights of way over such land, and not as owners of remote lots.</p>