William H. Moudy Manufacturing Co. v. Pennsylvania Railroad

Citations

• 212 Pa. 156
• 61 A. 906
• 1905 Pa. LEXIS 574

Syllabus

<p>Railroads—Eminent domain—Condemnation proceedings—Instructions— Practice, C. P.—Act of March 27, 1848, P. L. 273.</p> <p>On the trial of an appeal from a report of viewers in condemnation proceedings against a railroad company, the first inquiry to be made is whether any damages have been or may be sustained by the landowner, and if it be determined that damages have been, or may be sustained, the next step is to ascertain and fix the amount thereof. Thus if two witnesses for the railroad company testify positively that the claimant did not suffer any damage, it is error for the court in its charge to assume that some damages should be allowed. It is the duty of the court in such a case to instruct the jury to determine first, whether any damages had been sustained, and that question being answered in the affirmative, then to fix the amount thereof.</p> <p>In condemnation proceedings against a railroad the jury should be definitely instructed to determine, first, what would the property have sold for before the entry was made, and then what it would have sold for after the appropriation thereof, taking into consideration the expense and burden occasioned by the entry, the difference between the selling value of the land before and after being the measure of compensation for the injury committed.</p>