Philips v. Philadelphia & Reading Terminal Railroad
This text of 39 A. 298 (Philips v. Philadelphia & Reading Terminal Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Tinder the charge of the learned court below the plaintiff was allowed to recover the full amount of the difference in value of his property before and after the taking of his alley way leading to Division street. This easement is what was taken, and to the extent to which his property was injured in consequence of the taking, he was permitted to recover. The other elements for which an attempt was made to recover damages, such as smoke, noise, ashes and vibration, we have frequently ruled are not elements for which damages can be-recovered in snob cases as these. The case was fairly and correctly tried without error in any of the rulings, and the jury has found the actual amount of damages sustained. The assignments of error are all dismissed.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
39 A. 298, 184 Pa. 537, 1898 Pa. LEXIS 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philips-v-philadelphia-reading-terminal-railroad-pa-1898.