Ruppert v. West Side Belt Railroad

Citations

• 25 Pa. Super. 613
• 1904 Pa. Super. LEXIS 124

Syllabus

<p>Lateral support — Evidence—Map—Point—Damages.</p> <p>In an action against a railroad company to recover damages for injuries to land caused by the removal of lateral support at a deep cut, a map of plaintiff’s land made after suit brought, is properly admissible in evidence for the purpose of showing .the land of the plaintiff, the effect of the removal of the support, and the location of the railroad.</p> <p>In an action to recover damages for injuries to land caused by the withdrawal of lateral support, it is not error to refuse a point worded as follows : “That all the witnesses for plaintiff gave their estimates of the market value, as a basis of damages, that such testimony cannot be received and there being no other evidence of damages, the plaintiff cannot recover and the verdict must be for nominal damages.”</p> <p>Railroads■ — Lateral support — Trespass—Jury of view.</p> <p>Where a railroad company has gone to trial in an action of trespass against it for withdrawal of lateral support at a cut, the company cannot after a verdict and judgment against it, object that the plaintiff should have had a jury of view appointed to assess the damages.</p>