Short v. Rochester & Pittsburgh Railroad

Citations

• 5 Sadler 196
• 8 A. 596
• 1887 Pa. LEXIS 525

Syllabus

<p>Under the act of April 29, 1874, the true measure of damages consequent to the construction of a railway is the difference between the price at which the plaintiff’s land would have sold before the railway was built, and the price at which it will sell afterward. If it will sell for a greater price afterward, the plaintiff can recover nothing.</p> <p>The purchaser of land through which a right of way has been granted to a railway, already located, by deed duly recorded, can recover no damages for the proximity of the railway to a sawmill which he subsequently builds on the land, or for the inconvenience in getting logs from this and an adjoining tract to the mill, caused by crossing the track.</p> <p>Note. — So a release of damages by the owner is binding upon a subsequent lessee for injury from a culvert constructed prior to the release. Hoffeditz v. Southern Pennsylvania R. & Min. Co. 129 Pa. 264, 18 Atl. 125.</p>