Robbins v. Scranton

Citations

• 217 Pa. 577
• 66 A. 977
• 1907 Pa. LEXIS 763

Syllabus

<p>Constitutional law — Article XVI, sec. 8 of the constitution — Property injured by public works — Speculative loss.</p> <p>Under article XVI, sec. 8 of the constitution, compensation for property injured by public works is not limited to abutting property, but applies to any works sufficiently near to make the injury proximate, immediate and substantial. But unless the injury is so obvious as to admit of comparatively easy calculation as to the extent of the diminution of the value of the property, it may not fairly be considered as covered by ihe constitution. Remote or speculative losses in the conduct of a business do not constitute a legitimate basis upon which to estimate damages to the real estate.</p> <p>Where a city builds a viaduct in order to do away with a dangerous grade crossing, and it appears that access to a mill is cut off in one direction so that patrons of the mill are required to make a detour of two squares, and no land is taken from the mill owners, a jury, in estimating the damages to the mill should be allowed to compare the situation as it was after the completion of the entire scheme of improvements in connection With the viaduct with that which existed before its construction.</p> <p>In such a case it is a fair question for the jury to determine whether or not the substitution of a safe way over the tracks, even though it be a little longer, does not fully compensate in its effect upon the market value of the property for the taking away of the nearer, yet dangerous method of approach, by means of the grade crossing as it existed before the viaduct was built.</p>