Matteson v. New York Central & Hudson River Railroad
Matteson v. New York Central & Hudson River Railroad
Opinion of the Court
Opinion by
The argument of the appellant directs our attention first to the complaint variously set forth in the sixth, seventh, eighth and ninth assignments that the case was submitted to the jury without evidence on the part of the plaintiff that the defendant’s bridge was negligently constructed or that the injury complained of was attributable to any fault therein which ought to have been avoided. The right of the defendant to maintain a bridge over the stream is not questioned, nor can it be disputed that there is a presumption of care in favor of a railroad company which constructs a bridge in the exercise of its franchise as a public corporation. It does not follow, therefore, that the plaintiff is entitled to recover merely from the fact that the stream was obstructed by the formation of a dam
The second, third and fourth assignments complain of the answers of the court to the defendant’s first, second and sixth points which are predicated of evidence that part of the injury to the plaintiff was caused by water which flowed onto his land from the stream at a point below the bridge, and requested the instruction of the court that the plaintiff could.not recover for damage thus caused. The court refused the points as appli
Objection is made to a portion of the charge of the court as set forth in the tenth assignment with reference to evidence on the measure of damages. The plaintiff proceeded to show the amount of his damage on the assumption that there was a permanent injury to the land, and the witnesses were asked without objection by the defense what the amount of that damage was. Testimony had been previously introduced that the plaintiff’s two fields on the north and south sides of the railroad had been badly gouged and washed by the floods; that the top soil was carried away and long excavations from one to five feet deep made in the earth. One of the fields contained about three acres and the other about six, and the descriptions by the witnesses of the injury done showed a serious permanent injury to the land. What the plaintiff proved was the actual damage to the land. This was the method adopted in Weaver v. Berwind-White Coal Company, 216 Pa. 195, and is supported by that and other cases. Where the injury is irreparable depreciation in value of the property is the measure of damages. If the injury be remediable but the cost of repair would be greater than the diminution in the market value, the latter is the correct measure. Compensation for the loss is that to which the plaintiff is entitled. The witnesses for the plaintiff were not
We do not find reversible error in the admission of the evi
Charles M. Wood was called as a witness for the defendant and testified that he was acquainted with farm values in the vicinity and that the market value of the plaintiff’s land was $100 an acre. On cross-examination he stated that he knew of sales of land in the neighborhood. He was then asked if he did not know of a sale of tobacco land just below Knoxville in that neighborhood at $4,000 for seven acres. He admitted that the plaintiff’s farm was a good tobacco farm before the floods. This inquiry was competent for the purpose of testing the knowledge of the witness and ascertaining the basis on which he fixed the value of the plaintiff’s land. We think the appellant has not presented any substantial complaint as disclosed by the record of the trial.
The judgment is therefore affirmed.
Reference
- Full Case Name
- Matteson v. New York Central & Hudson River Railroad Company
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- 2 cases
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- Syllabus
- Railroads — Bridges — Defective construction of bridge — Overflow of land — Negligence—Evidence—Damages. 1. A presumption of care arises in favor of a railroad company in constructing a bridge in the exercise of its franchise as a public corporation. It does not follow that a landowner is entitled to recover from a railroad company merely from the fact that a stream is obstructed in the construction of a bridge by the formation of a dam and the consequent overflow of his land. All that the company is bound to do is to anticipate and provide for the magnitude of ordinary floods with their usual ice and drift. It is not bound to foresee what is extraordinary. 2. In such a case the railroad company is bound to take notice of the size of the stream, the height of its banks and the extent of the watershed and to exercise the requisite skill to adopt plans necessary to avoid obstruction to the flow of the stream in ordinary conditions, and the untoward consequences of the formation of a dam by the accumulation of ice or drift in ordinary freshets. 3. Where there is evidence tending to show that the effect of the obstruction at a railroad bridge was to change the course of the current and give it a direction below the bridge, a landowner may recover for any injury caused by the overflow resulting from a change of the course of the stream caused by the presence of ice and drift above the bridge, but he cannot recover for an injury caused by any other water flowing from the channel below the bridge. 4. Where an injury to land from an overflow of a stream caused by the negligent construction of a railroad bridge is irreparable, depreciation in value of the property is the measure of damages. If the injury be remediable but the costs of repair would be greater than the diminution in the market value, the latter is the correct measure of damages. Compensation for the loss is that to which the plaintiff is entitled. 5. Where in such a case witnesses for the plaintiff familiar with the situation and the value of land in the vicinity based their estimate of value on that knowledge, it is immaterial that they were not questioned as to the value of the land before and after the injury. 6. A witness who had lived within two and one-half miles of land injured by a flood, for a period of forty years, had driven by it frequently and had seen it right after the flood, is competent to express an opinion as to the extent of the plaintiff’s injury; but witnesses who had not seen the land before the flood and did not have any knowledge of the condition of the soil are not qualified to speak in regard to its fertility. 7. Where a witness testifies that he is acquainted with farm values in the vicinity, and that the market value of plaintiff’s land was a sum stated by him, he may be asked on cross-examination whether he did not know of a sale of similar land in the neighborhood at a much higher price.