231 Pa. 512 | Pa. | 1911
Opinion by
When a railroad company, exercising the right of eminent domain, enters upon land and definitely locates its line of road thereon, it thereby appropriates the land taken to a public use. The right of the owner to any use of the land, inconsistent with the use for which it was taken, thereupon ceases; but immediately thereupon his right to damages vests. The law substitutes the damages .for the land. But until the amount which would compensate the owner has been definitely ascertained, either by agreement between the parties or judicial determination, the owner's claim is not a debt owing by the company within the legal meaning of that term, but remains simply a claim for damages. Because interest is an incident of
The second assignment has still less to support it. That part of the charge here complained of is as follows: “Say you calculate first what loss — the deprivation of the use of this money from the 26th of April down to the present time, or say the first of May, 1905, down to the present time, was, but then Mr. Wayne has had advantages which he might have been deprived of, but which the Pennsylvania Railroad Company did not deprive him of; he has had the use of the 20 acres; he has had the free and uninterrupted ingress from one side of his property to the other; and what has that been worth to him? Deduct that, then, from whatever loss the use of the money has been, and add that balance or difference to your estimate of the damages which the taking was entailed, and that would make your verdict.” It is complained that the instruction failed to include among the items the jury were.
The assignments are dismissed, and the judgment is affirmed.