219 Pa. 447 | Pa. | 1908
Opinion by
This was a proceeding to determine the damages plaintiff was entitled to, in consequence of the appropriation by the defendant company of certain land in the widening and improving of its roadbed, under the provisions of the act of March 11, 1869. The testimony of two of the witnesses called by plaintiff to show the value of the farm at the time of the appropriation, was rejected, on the ground that they had not qualified themselves upon examination to express an opinion on the subject. The first of these witnesses, Flint, when asked if he knew the values of property in this particular vicinity at the time inquired of, 1889, replied, “ Nothing, only coal
Thomas Lilley, who owned this farm at the time the railroad was located thereon, granted to the railroad company a right of way over it. By the terms of the agreement the railroad company covenanted to construct and maintain, and did construct and maintain, across the track of their road for the convenience and accommodation of the grantor five farm crossings. In 1899, when the appropriation was made for which damages are now claimed by the executor of the grantor, the five crossings were still being maintained. How far they were interfered with by the appropriation we have no means of knowing, except as the matter is referred to in the charge of the court. The court charged as follows: “ In taking this additional 100 feet along the riverside of the old track in 1889, the defendant company made no provision for extending these five farm crossings over the additional track to be laid upon it, thus virtually destroying the five crossings.” The jury was instructed that the loss of these crossings was a proper element of damage to be considered in making up the verdict. It is insisted upon by plaintiff’s counsel, in assignments four and five, that the matter of the crossings was not involved in the case under the pleadings, and that the court erred in introducing it into the case. That it was a proper subject for consideration under the pleadings is beyond question. Under the issue the jury was to determine what amount would compensate the plaintiff for his loss sustained by reason of the appropriation of his land, measured by the ordinary standard of depreciation in market value, taken as a whole. The fact, if it were a fact, that the means of access from one part of the farm to the other were reduced from five crossings to one, would obviously have some effect upon the market value of the property. IIoav the pleadings could exclude this particular element of damage from the consideration of the jury is not explained. Whether the court erred in making reference to it in the charge, de
Judgment affirmed.