Potts v. Penn. S. V. R.

Citations

• 119 Pa. 278
• 4 Montg. 121
• 13 A. 291
• 1888 Pa. LEXIS 547

Syllabus

<p>In proceedings for the recovery of damages incurred from the construction of a railroad, it was shown that the location had taken a portion of a small lot for many years used as a shipping point for marble quarried upon a large tract a mile or more distant and shipped to a sales-yard in Philadelphia, the three properties being owned severally by the plaintiffs, who were engaged as partners in the mining, shipping and sale of marble: Held,</p> <p>1. That, as the properties were each disconnected from the others and each used for a distinct and separate purpose, and the several titles owned by different persons, neither could be considered as appurtenant to or a parcel of the other, and the recovery of damages must be confined to the injuries to that property a portion of which was taken.</p> <p>2. That in order that two properties having no physical connection may be regarded as one, in the assessment of damages for right of way, they must be so inseparably connected in the use to which they are applied as that the injury or destruction of one must necessarily and permanently injure the other.</p>