37 Pa. 469 | Pa. | 1861
The opinion of the court was delivered, by
The constitutional provision which requires that just compensation shall be made, or adequate security given therefor, before private property may be taken for public use by any corporate body or individual, has always been held to contemplate only an actual appropriation. Matters of annoyance, indirect and consequential injuries to property, and acts tending to depreciate the value, but which do not amount to a real “taking,” are outside of this provision: 6 Whart. 25; 6 W. & S. 113; 8 W. & S. 85. When, therefore, a canal or railroad company is empowered to take land for a public improvement, it is not responsible for indirect or consequential injuries, unless the liability to pay for them is imposed as a part of the price of the franchise. In many of the charters granted by the legislature, an obligation to make compensation for consequential damages has been imposed, while in others it has been omitted. Resort must always be had to the charter to determine the extent of liability beyond that of making compensation for property. actually taken. The assessment, either by appraisers or by a sheriff’s jury, can only be made of such damages as the statute incorporating the company requires to be paid.
The act to incorporate the defendants in the present case (§ 10), enacted that whenever it should be necessary for them to
We understand that, on the trial of the case now in hand, these principles were fully recognised. The plaintiff was permitted to show everything that could be legitimately taken into consideration by the jury in estimating the damages. Even the mode of measuring them, for which he contended, was accorded to him by the court. He was allowed the benefit of the rule
We think, therefore, the court was right in rejecting the evidence.
The judgment is affirmed.