Parry v. Cambria & Indiana Railroad
Parry v. Cambria & Indiana Railroad
Opinion of the Court
Opinion by
When, in condemnation proceedings, a witness is called to testify to the value of the land taken or injured,
The only remaining assignment that calls for notice is the third which relates to the proof of the cost of fencing. The railroad occupies a strip of land 100 feet wide and 1,100 feet in length, extending through the plaintiff’s farm and cutting off sixteen acres from the main body of this land. Proof of the amount of additional fencing required and the cost thereof was not offered to establish a distinct item of damage. It was admitted under an offer to show the extent to which the fencing would detract from the market value of the land and to this purpose it was carefully restricted by the charge of the learned trial judge who instructed the jury not to fix a lump sum for the additional cost of operating the farm and to consider the expense of necessary fencing only as it would affect the market value of the property. The witness bad before testified that the division of the farm into two parts made additional fencing for the protection of cattle necessary. Proof that the increased burden of fencing would detract from the value of the farm was competent; Pittsburgh, Bradford & Buffalo Ry. Co. v. McCloskey, 110 Pa. 436; Pittsburgh, Virginia
Reference
- Full Case Name
- Parry v. Cambria & Indiana Railroad Company
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- 8 cases
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- Syllabus
- Practice, Supreme Court — Appeals—Assignments of error — Defective assignments — Eminent domain — Condemnation proceedings — Marlcet value of land — Cost of fencing — Evidence—Relevancy. 1. While it should affirmatively appear that witnesses called to testify to the value of land taken in condemnation proceedings, have actual knowledge of the facts which affect the value, assignments of error complaining of the admission of testimony on the ground that the witness has not qualified, will he overruled, where they are defective and misleading in omitting the preliminary examination of the witness, wherefrom his qualifications to testify sufficiently appear. 2. In such proceedings evidence of the cost of additional fencing made necessary hy the taking, is competent not to establish a distinct item of damage, but as an element tending to detract from the market value of the land affected.