Quade v. Columbia & Port Deposit Railway Co.

Citations

• 233 Pa. 20
• 81 A. 813
• 1911 Pa. LEXIS 459

Syllabus

<p>Railroads — Eminent domain — Condemnation proceedings — Subsequent conveyance of land — Assignment of damages — Pleading—Amendment.</p> <p>1. Damages for the taking of land in eminent domain proceedings belong to the owner at the time of the appropriation and do not pass to a subsequent vendee in the absence of anything to show such an intent.</p> <p>2. Where a railroad company files a bond in proceedings to condemn a right of way, and thereafter the owner of the land over which the right of way has been condemned, conveys it to another by a deed silent as to the damages, the grantee has no right or claim to the damages, and cannot maintain proceedings against the railroad company to assess them. If he does institute such proceedings, and therein avers that the land injured was his property at the time the injury was committed, and this is contradicted by proof at the trial, he cannot offer in evidence an assignment of the damages from the original owner, procured during the progress of the trial, if he in no way amends his pleadings so as to make an assignment properly admissible in evidence.</p>