Wayne v. Pennsylvania Railroad

Citations

• 231 Pa. 512
• 80 A. 1097
• 1911 Pa. LEXIS 877

Syllabus

<p>Railroads — Condemnation of land — Damages—Delay in paying damages — Compensation for delay — Interest.</p> <p>1. When a railroad company in the exercise of its right of eminent domain enters upon land and definitely locates its line of road thereon, it becomes immediately liable to pay damages to the owner, and if it delays in making payment of the damages, and the delay is not caused by any act of the landowner in standing out for an exorbitant sum, the company is liable for the loss of the use of the money to the owner. The burden is upon the railroad company to show facts that will excuse its delay, and if it fails to do so it cannot complain if a jury awards to the owner damages for the delay which may equal the interest on the money.</p> <p>2. In estimating the damages for a delay the jury cannot make any deduction because the railroad did not immediately enter upon the land, and the owner was consequently relieved for the time from an unsightly embankment, and the noise, dirt and smoke which would have resulted from the building and operation of the road.</p>