Struthers v. Philadelphia & Delaware County Railroad

Citations

• 174 Pa. 291
• 34 A. 443
• 1896 Pa. LEXIS 880

Syllabus

<p>Bailroads — Eminent domain — Measure'of damages.</p> <p>The measure of damages for land taken by a railroad company is the difference in the market or selling value of the property entered before the entry was made, and afterwards.</p> <p>In a proceeding against a railroad company to recover damages for iand condemned, there was some slight evidence tending to show that the plaintiff was the owner of a right of way that was obstructed by the building of the railroad. An expert witness placed its value at $1,000. The court charged: “There is some evidence that there was aright of way there by immemorial usage, and if you come to the conclusion that there was a right of way there you may consider its value. If you come to the conclusion that there was an element of damage there you can allow it. ”. Held (1) that the jury might well understand from this instruction that the right of way if found to exist might be separately valued, and added to .such other items as they might allow in order to make up the amount of their verdict; (2) that the jury had no right to allow damages for distinct items whether estimated by experts or other witnesses, and reach the amount of their verdict in that manner; (3) that the instruction was erroneous.</p> <p>Evidence — Definition of expert witness.</p> <p>An expert is a person experienced, trained and skilled in some particular business or subject. An expert witness is one who, because of the possession of knowledge not within ordinary reach, is specially qualified to speak upon the subject to which his attention is called.</p> <p>The knowledge relied on to give the testimony of a witness the value of that of an expert must relate to the subject under investigation.</p> <p>Bailroads — Eminent domain — Damages—Expert witness.</p> <p>In proceedings to assess damages for land taken by a railway company, if a witness called by the plaintiff as an export has no knowledge of the prices of land in the neighborhood before and after the loc