Struthers v. Philadelphia & Delaware County Railroad
Struthers v. Philadelphia & Delaware County Railroad
Opinion of the Court
Opinion by
The several assignments of error appearing on the record in this case raise but two questions, and they are questions about which the profession ought to be in no doubt. One of these is over the measure of damages to which the owner of land is entitled when his land has been entered upon under the right of
Reference
- Full Case Name
- William Struthers v. The Philadelphia & Delaware County Railroad Co.
- Cited By
- 16 cases
- Status
- Published
- Syllabus
- Bailroads — Eminent domain — Measure'of damages. The measure of damages for land taken by a railroad company is the difference in the market or selling value of the property entered before the entry was made, and afterwards. In a proceeding against a railroad company to recover damages for iand condemned, there was some slight evidence tending to show that the plaintiff was the owner of a right of way that was obstructed by the building of the railroad. An expert witness placed its value at $1,000. The court charged: “There is some evidence that there was aright of way there by immemorial usage, and if you come to the conclusion that there was a right of way there you may consider its value. If you come to the conclusion that there was an element of damage there you can allow it. ”. Held (1) that the jury might well understand from this instruction that the right of way if found to exist might be separately valued, and added to .such other items as they might allow in order to make up the amount of their verdict; (2) that the jury had no right to allow damages for distinct items whether estimated by experts or other witnesses, and reach the amount of their verdict in that manner; (3) that the instruction was erroneous. Evidence — Definition of expert witness. An expert is a person experienced, trained and skilled in some particular business or subject. An expert witness is one who, because of the possession of knowledge not within ordinary reach, is specially qualified to speak upon the subject to which his attention is called. The knowledge relied on to give the testimony of a witness the value of that of an expert must relate to the subject under investigation. Bailroads — Eminent domain — Damages—Expert witness. In proceedings to assess damages for land taken by a railway company, if a witness called by the plaintiff as an export has no knowledge of the prices of land in the neighborhood before and after the location of the railroad, he ought not to be allowed to guess from his knowledge of prices in some other neighborhood, and have such guess left for the consideration of the jury as expert testimony. In such case a witness called by the plaintiff as an expert testified that he had no special knowledge of the property until after the railroad was constructed; that he then went and examined it and made inquiry as to sales in the neighborhood, and that what he found out about the sales was ascertained within two or three weeks of the trial. Held, that he was not qualified to testify as an expert.