Shaffer v. Pennsylvania Co.

Citations

• 265 Pa. 542
• 109 A. 284
• 1920 Pa. LEXIS 478

Syllabus

<p>Railroads — Construction of embanlcment in river — Overflow of lands — Damages—Witnesses—Evidence—Case for jury.</p> <p>1. Where a railroad company encroaches upon the bed of a river, and constructs therein an embankment with retaining wall, for the purpose of widening its tracks, and as a result land on the opposite side of the river is overflowed at times by high water, and permanently injured, where it had not previously suffered at such times, the railroad company is liable in damages for the injuries sustained</p> <p>2. In such a case where the plaintiff himself, four of his neighbors familiar with the land, and two experts testify to the permanent injuries to the land by the washing out of the soil, as .the result of the construction of the embankment, the case is for the jury, and a judgment and a verdict for plaintiff will be sustained; and this is the case although an expert called by the railroad company testifies that from a scientific standpoint the embankment could not have caused the injuries.</p> <p>3. The measure of damages in such a case, the injury being permanent, is to be ascertained by determining the market value of the land before the interference began and the market value after the interference, and taking the difference between them. Whether the injury is permanent, is a question of law for the court.</p> <p>4. If the injury is caused by erecting a structure or making a use of land which the defendant has a right to continue, the injury is regarded as committed once for all, and action must be brought to recover the entire damage, past and future.</p>