Beck v. Penna. Poughkeepsie & Boston R. R.
Beck v. Penna. Poughkeepsie & Boston R. R.
Opinion of the Court
The first and ninth specifications of error do not conform to the rules of court, and will not be considered. The remaining
We find nothing objectionable in the allowance of these questions. .It was clearly competent to ask a witness, who had knowledge of the property, whether its value was increased or diminished by the construction of the railroad through it. And if its value was lessened by such construction, we see no reason why he may not say how much, provided he has knowledge. It is true, the measure of the damages is the difference between the market value of the property, immediate^ before and immediately after such construction. We think the questions referred to bore directly upon this question, and were, at least, competent to go to the jury. It is not always possible to fix with certainty the market value of a farm. At most, it can only be done approximately, and evidence which tends 'to show that its value has either been increased or diminished by the construction of the road, is some evidence to enable the jury to determine this question.
Judgment affirmed.
Reference
- Full Case Name
- Beck v. Penna. Poughkeepsie & Boston R. R. Co.
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Railroads — Right of way — Damages—Evidence. In an action to recover damages for land taken by a railroad company, a witness who has knowledge of the property, though not a real estate expert, may be asked whether its value was increased or diminished by the construction of the railroad. The measure of damages is the difference between the market value of the property immediately before and immediately after such construction, and such a witness may be asked by how much its value has been lessened thereby. Supreme Court practice — Errors improperly assigned disregarded. Error assigned to the admission of evidence must set forth, not merely the question, but the answer, and if the answer is omitted, the assignment will not be considered.