Railroad Reports Volume 13

Railroad Reports Volume 13

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ...unless very plainly wrong; but where it violates the measure of damages fixed by law, on facts conceded or plainly appearing, it is set aside because it is contrary to law. Now, the measure of damages is, in such a case as this, fixed by law. If the property, for the purposes for which it is used, is worth as much immediately after as immedi ately before the construction of the railroad, no $';';;'L," "' recovery can be had. If worth less, the differ ence between its former and its depreciated value is the measure. Stewart 21. Railroad Co., 38 VV. Va. 438, 18 S. E. 604; Rowe 2/. Pulp Co., 42 VV. Va. 551,26 S. E. 320; Board of Education 11. Kanawha & M. Railroad Co., 44 W.Va. 71, 29 S. E. 503; Blair 11. City of Charleston, 43 W. Va. 62, 26 S. E. 341; Railroad Co. 2/. Tyler, 36 Ark. 205 (destroying a mill race in building road without leave). Iwould incline to think that benefits arising from enhanced facility of transportation, or access to mill, causing additional trade, would be a general, not special, benefit, and not chargeable to the party, as it would not be in condemnation cases (3 Sedg. Dam. 1229; Mills, Em. Dom. 152), as in condemnation you ascertain damages to the residue, not charging general benefits, and in an action for consequential damages you ascertain the same thing, --damages to the land. The man specially damaged gets nothing, because the general benefit from-the improvement overbalances the injury, and his neighbor not at all damaged is the same. O11e pays for the other's benefit. I admit, however, that the law is not such in cases of change of grade of street and actions for consequential injury to abutting property. The plaintiff's own evidence...
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Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236906519
  • 9781236906519