112 Pa. 56 | Pa. | 1884
delivered the opinion of the court February 23d, 1884.
The charge of the learned Judge, in relation to the proper measure of damages in cases like the present, is in the main
The principles governing the assessment of damages to the owner of lands through which a railroad has been located, are clearly and concisely stated by our brother Clark, in The Pittsburgh, Bradford and Buffalo Railway Company v. McCloskey, 16 W. N. C., 561. After quoting the general rule announced by Chief Justice Gibson, in Schuylkill Navigation Company v. Thoburn, 7 S. & R., 411, viz: that the true meas
It will be observed that damages which may possibly result from negligent or unskillful operation of a railroad are thus wholly excluded from consideration in such proceedings as this. Such damages may never be sustained; and, if they do occur, the party aggrieved may have an independent remedy therefor. It is only ordinary dangers or risks, not resulting from negligence, that can be taken into consideration in assessing damages to the land-owner; and, even those dangers or risks are not to be regarded, except in so far as they affect the market value of the land. ' It follows, therefore, that the landowner is obliged to assume the ordinary risk of fire, necessarily incident to the proper and lawful use of locomotives; and, in the event of loss resulting therefrom, no recovery can be had
Judgment reversed and a venire facias de novo awarded.