Mitchell v. Columbia & Port Deposit Railway Co.
Mitchell v. Columbia & Port Deposit Railway Co.
Opinion of the Court
The appellant presented her petition to the court below for the appointment of viewers to assess the damages which she alleged she had sustained by the entry of the appellee upon her land for railroad purposes. On appeal from the report of the viewers an issue was framed for the purpose of having a jury pass upon the question of what damages, if any, she had sustained. The action was not, as her counsel contends, one of trespass for an illegal entry, entitling her to a verdict upon mere proof of the entry. It was for damages alleged to have been sustained by the lawful entry of the railroad company under the right of eminent domain, and before the plaintiff could recover she was required to prove the difference in the market value of her property immediately before and after the construction of the railroad: Hope v. Philadelphia & Western R. R. Co., 211 Pa. 401; Moudy Manufacturing Co. v. Penna. R. R. Co., 212 Pa. 156. No competent testimony
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.