Willock v. Beaver Valley R. R.

Citations

• 60 Pa. Super. 589
• 1915 Pa. Super. LEXIS 250

Syllabus

<p>Eminent • domain — Appropriation of highway — Consequential damages — Payment of money into court — Judgment • creditors of owner — Auditors findings of fact.</p> <p>Where a railroad company appropriates under the right of eminent domain a portion of a highway resulting in a loss to an abutting owner whose title extended to the middle of the highway, the fund representing the damages to which the owner is entitled for the loss may be paid into court at the instance of the judgment creditors of the owners, whose liens have been impaired by the appropriation.</p> <p>The appellate court will not review a finding by an auditor affirmed by the court below and based upon sufficient' evidence, that an assignment of a claim for damages against a railroad was made by the owner for the purpose of defrauding creditors, and that subsequent purchasers of the claim thus assigned had notice of the fraud.</p>