Traut v. New York, Chicago & St. Louis Railway Co.

Citations

• 1 Monag. 394
• 15 A. 678
• 1888 Pa. LEXIS 722

Syllabus

<p>On an issue directed by the court, on an appeal from an award of viewers assessing damages for land taken by a railroad company by right of eminent domain, it is not error for the court to direct a view of the premises by the jury, on the trial, after they have been empaneled and sworn.</p> <p>It seems, that such practice is authorized, in general terms, by \\ 3, of the Act of April 10,1856, which gives the court, to which an appeal from the report of viewers is taken, “power to order what notices shall be given connected with any part of the proceeding, and make all such orders connected with the same as may be deemed requisite.”</p> <p>Under ? 12 of the Act of Feb. 19,1849, a railroad company is not required to construct a causeway across its road to connect lots of land of a plantation separated by the construction of a railroad, where a public road crosses the railroad, furnishing access to the different lots, notwithstanding a private way has been cut off by the construction of the railroad.</p> <p>The plaintiff will not be allowed to introduce evidence of the value of a part of & farm as a building site, there being no buildings upon it.</p> <p>The defendant may, on cross examination, ask plaintiff’s witness about particular sales of properties in the neighborhood, in order to test the witness’s information as to values.</p>