Samuel Blatchford, Pennsylvania Company v. Miller…
“ Prior to the constitution of 1873, and under the constitutional provisions existing in Pennsylvania before that time, the supreme court of that state had uniformly held that a corporation, with such provisions in its charter as those contained in the charter of the defendant, was liable, in exercising the right of eminent domain, to compensate only for property actually taken, and not for a depreciation of adjacent property. ”
Samuel Blatchford, Pennsylvania Company v. Miller…
“ By its terms, it imposes a restraint only upon corporations and individuals invested with the privilege of taking private property for public use, and extends the right to compensation, previously existing, for property taken, to compensation for property injured or destroyed by the construction or enlargement of works, highways, or improvements, made or constructed by such corporations or individuals. ”
Samuel Blatchford, Pennsylvania Company v. Miller…
“ The elevated railroad in question was built by the defendant in 1880 and 1881, and was opened for freight in April, 1881, and for passengers in December, 1881. It is known as the 'Filbert-Street Extension,' and crosses the Schuylkill river a short distance above Market street, and ends at Broad street. From Twenty-First street west to the river the tracks were laid upon a structure of wooden and iron beams directly over the cartway of the street, and were sustained by iron pillars, some 18 inches square, resting upon the footway inside of the curbline. ”
