Savings & Trust Co. v. Pennsylvania Railroad

Citations

• 229 Pa. 484
• 78 A. 1039
• 1911 Pa. LEXIS 518

Syllabus

<p>Railroads — Eminent domain — Appropriation of land — Witnesses—• Market value — Availability of tract for town lots — Value of standing timber.</p> <p>1. In a proceeding to ascertain damages for the taking of land by a railroad company under the right of eminent domain, the market value at which the law seeks to arrive is what the land would sell for in the open market in the regular course of trade and competition ordinarily.obtaining. It is, therefore, proper for a qualified witness to include in his estimate every consideration which in his judgment would influence the general buyer.</p> <p>2. In such a case, the fact that the land in question had not been laid off in lots, that it did not appear that the owner ever contemplated selling it in that way, and that no existing demand for the particular lots was affirmatively shown, is not sufficient to exclude the testimony of those witnesses whose estimate of value tools account of the availability of the land for building lots, if it could be reasonably expected that the general buyer would consider future availability for the lots and regulate his bid accordingly. This rule applies as well to estimates of depreciation in consequence of appropriation.</p> <p>3. Evidence as to the value of standing timber on the land so appropriated is competent only for the purpose of supporting the estimates of witnesses who have testified to the value of the land taken in making up their estimate of the total damage. It is not competent as evidence of a distinct element of value separate from the land itself.</p> <p>4. In an action for damages for the taking of land under the right of eminent domain, where the larger part of the land in question is situated within the limits of a borough, there is no force in an objection to the competency of a witness on the ground that his knowledge of market value is confined largely to town lots.</p>