McGunnegle v. Pittsburgh & Lake Erie R. R.
Supreme Court of Pennsylvania
Appeal, No. 188, Oct. T., 1920, by plaintiffs, from order of C. P. Allegheny Co., Jan. T., 1919, No. 100, refusing to take off nonsuit, in ease of Alexander McK. McGunnegle et al., heirs of Maria L. McGunnegle, deceased, v. Pittsburgh & Lake Erie R. R. Co. Trespass for injuries to land. Before Shaeeer, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 188, Oct. T., 1920, by plaintiffs, from order of C. P. Allegheny Co., Jan. T., 1919, No. 100, refusing to take off nonsuit, in ease of Alexander McK. McGunnegle et al., heirs of Maria L. McGunnegle, deceased, v. Pittsburgh & Lake Erie R. R. Co. Trespass for injuries to land. Before Shaeeer, P. J. The opinion of the Supreme Court states the facts. At the trial the following offer was made: Plaintiffs’ counsel offers in evidence the following averments of the statement of claim which are not contradicted by the affidavit of defense: “The plaintiffs are children and heirs at law of…
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
This is an action in trespass to recover damages for injuries alleged to have been inflicted by defendant cor*407poration on certain real property belonging to plaintiffs, and the present appeal is from the refusal to remove a compulsory nonsuit; but, in order to understand the case, it is necessary to recite, in some detail, the trial of a former action covering the same property.
A tract of land in the Borough of Espíen, Allegheny County, was condemned in 1903 by the Pittsburgh & Lake Erie Railroad Company, as the property of Maria McGunnegle. A bond was filed to…
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