Danville, Hazleton and Wilkesbarre Railroad Company v. Gearhart et al.

• Decision Date: 08 February 1875
• Citation: 81 Pa. 260
• Parties: Danville, Hazleton and Wilkesbarre Railroad Co. <I>versus</I> Gearhart <I>et al.</I>
• Court: Pennsylvania Supreme Court

81 Pa. 260

Danville, Hazleton and Wilkesbarre Railroad Co. versus Gearhart et al.

Supreme Court of Pennsylvania.

January 26, 1875.

February 8, 1875.

JANUARY 26th, 1875.

Before AGNEW, C. J., SHARSWOOD, WILLIAMS, MERCUR, GORDON, PAXSON, and WOODWARD, JJ.

Error to the Court of Common Pleas, of Northumberland County, of September Term, 1874.

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S. P. Wolverton, for plaintiff's in error. The proper inquiry in estimating damages as here, is the market value of the entire property before the construction, and what it would have sold for after the completion, regardless of any purpose of the owner relative to the property: Hornstein v. Atlantic & G. W. R. R., 1 P. F. Smith, 87; Thoburn's Case, 7 S. & R., 411; Harvey's Case, 11 Wright, 434; Delaware, L. & W. R. R. v. Benson, 11 P. F. Smith, 380; E. Pennsylvania R. R. v. Hottenstein, 11 Wright, 30; Watson v. Pittsburgh & C. R. R., 1 Wright, 480; Sch. Nav. Co. v. Farr, 4 W. & S., 375.

W. C. Lawson and J. W. Comly, for defendants in error, cited E. Pennsylvania R. R. v. Hottenstein; Watson v. Pittsburgh & Com. R. R., supra; Hays v. Briggs, 24 P. F. Smith, 373; Pittsburgh, Va. & Ch. R. R. v. Rose, Id., 362; E. Pennsylvania R. R. v. Hiester, 4 Wright, 53.

Judgment was entered in the Supreme Court, February 8th, 1875.

PER CURIAM:

It has been held by this Court in numerous cases, that the true rule for determining the damages of a property-owner whose land is appropriated by a railroad company for its road, is the difference of value of his entire tract, as a whole, as it was before the railroad was laid upon it, and as it is or will be after the road shall have been completed. But it has never been said or held that the elements of computation are not to be given in evidence, as the means of enabling the viewers or the jury to reach a just conclusion upon the whole matter. So to hold would be to contradict the act authorizing the view and assessment. The act of 19th February, 1849, known as the general railroad law, requires the viewers, after having viewed the premises to estimate and determine the quantity, quality, and value of the lands so taken or occupied, and having due regard to and making a just allowance for the advantages which have resulted, or may seem likely to result; and after having made a fair and just comparison of the advantages and disadvantages, they shall estimate and determine whether any, and, if any, what amount of damages has...