Willock v. Beaver Valley Railroad

Citations

• 229 Pa. 526
• 79 A. 138
• 1911 Pa. LEXIS 524

Syllabus

<p>Railroads — Eminent Domain —• Consequential Damages — Streets— Damages for Operation — Smoke and Dust — Evidence.</p> <p>1. In aetion of trespass to recover consequential damages caused by the construction of a railroad in a street, where a witness admits upon cross-examination that in fixing his estimate of the damages he had taken into consideration “the danger from the operation of the road” and “the smoke and the dust . . . ., and the bringing in a cheaper class of houses” and this testimony is not afterwards changed materially or departed from and it is clear that the witness did take these forbidden elements into account, the refusal of the court to exclude his evidence on motion, constitutes reversible error, especially when the charge contains no instruction to disregard it.</p> <p>Appeals — Paper-book—Statement of question involved — Assignments of error.</p> <p>2. The statement of the question or questions involved must include any question unrelated to the main matter for decision but considered sufficiently important to be assigned for error, or the assignment will be ignored.</p>