Cameron v. Pittsburgh & Lake Erie R. R.
Cameron v. Pittsburgh & Lake Erie R. R.
Opinion of the Court
Opinion by
In 1891, the defendant company appropriated a strip of land, for railroad purposes, extending northerly across the easterly end of plaintiff’s farm. On appeal from award of viewers, this issue was formed for the purpose of determining the amount of his damages; and on the trial thereof the railroad company contended that he was not entitled to recover for the injury or depreciation of the westerly end of the farm containing eighty-five acres, because it is a separate and distinct tract from that through which irs road passes. The facts, upon which this contention is based, are as follows: Over sixty years ago, the farm in question was bisected by the Beaver division of the Pennsylvania Canal, in the construction of which the commonwealth acquired title in fee to the strip of land taken for canal purposes. Afterwards that title passed to persons other than the plaintiff or those through whom he acquired title to his farm, so that he has never owned the strip formerly occupied by the canal bed and its banks. That improvement crossed the farm in a northerly direction, leaving about thirty-four acres on the easterly and eighty-five acres on the westerly side thereof. For the purpose of furnishing convenient communication between the two parts of the farm, a bridge was built over the canal and thereafter maintained by the commonwealth and her successors in title, while the canal was in operation.
It was never contemplated by the legislation under which the canals were constructed that the appropriation of a strip through or across any farm should have the effect of converting one single farm into two separate and distinct farms or tracts. To hold that it had that effect would be a very narrow as well as unwarranted construction.
The authorities relied on by the defendant stand upon their own peculiar facts. They are not applicable to the undisputed facts of this case.
Judgment affirmed.
Reference
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- [Marked to be reported.] Railroads — Eminent, domain — Condemnation proceedings — Damages— Division of farm by canal — Damages to whole farm. The construction of a canal through a farm does not have the effect of converting the farm into two separate and distinct tracts, so as to limit the allowance of damages for the construction of a railroad to one part of the farm only. In a proceeding against a railroad company to recover damages for the construction of a railroad across a farm, it appeared that the farm was intersected by a canal, and that the land taken by the railroad was wholly on one of the portions of the farm into which it was divided by the canal. The canal was unused, but the fee in its bed was not in the owner of the farm. Both before and sifter the construction of the canal, the land had been used as one undivided farm. The deed to plaintiff, however, described separately the parts lying on either side of the canal. Held, that evidence to show depreciation in the value of the farm as a whole was admissible.