West Chester & Wilmington Plank Road Co. v. County of Chester

Citations

• 182 Pa. 40
• 37 A. 905
• 1897 Pa. LEXIS 767

Syllabus

<p>Turnpike compames — Eminent domain — Condemnation of road — Evidence — Damages—Cost of road.</p> <p>Where a turnpike road is taken by a county, the measure of damages is the value of the property to the owners, not to the county taking it, and such value is to be ascertained, not merely by the value of the structure, but also by the value of its franchises; and the value of its franchises depends largely upon its earning capacity.</p> <p>In a proceeding to ascertain the value of a turnpike road taken by a county, evidence is admissible of the physical condition of the road at the time it was taken, yet the damages will be the value of the entire property, including the franchise.</p> <p>In ascertaining the value of a turnpike road taken by a county, if there is any evidence of the original cost of the road, such evidence may be considered by the jury, but it is not controlling upon them.</p> <p>Turnpike companies — Ascertaining value of turnpike — Evidence—Returns to state authorities.</p> <p>In a proceeding to ascertain the value of a turnpike road taken by a county, returns made by the officers of the company to the state authorities are competent evidence on the part of the county, as to the value of the turnpike company’s capital stock, and any one or more of such returns may be offered in evidence without offering the others.</p> <p>Turnpike roads — Damages—Evidence—Time for completion of road— Value of franchise.</p> <p>In determining the value of a turnpike road condemned by a county, it is proper to admit in evidence the fact that unless the road be completed by a certain date the franchise will be subject to forfeiture under the law.</p>