Shimer v. Easton Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 188, Jan. T., 1902, by plaintiff, from judgment of C. P. Northampton Co., Sept. T., 1901, No. 37, on verdict for defendant, in case of William L. Shimer v. Easton and Nazareth Street Railway Company. Trespass to recover damages to land. Before Scott, J. From the record it appeared that the plaintiff owned a farm on both sides of a public road leading from Easton to Nazareth upon which - the defendant company had constructed its railway.
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Appeal, No. 188, Jan. T., 1902, by plaintiff, from judgment of C. P. Northampton Co., Sept. T., 1901, No. 37, on verdict for defendant, in case of William L. Shimer v. Easton and Nazareth Street Railway Company. Trespass to recover damages to land. Before Scott, J. From the record it appeared that the plaintiff owned a farm on both sides of a public road leading from Easton to Nazareth upon which - the defendant company had constructed its railway. The plaintiff had endeavored to enjoin the construction of the defendant’s road, but the court dismissed his bill and required the defendant to…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The fifth assignment of error, which complains of the admission of W. T. Bissell as a witness, must be sustained. Bissell is a real estate speculator in the city of Easton and was called as a witness by the defendant company to testify to the damages sustained in the construction of its trolley line on the public highway passing through the plaintiff’s premises. From his preliminary examination, it appeared that he had no knowledge of the plaintiff’s farm or its value prior to the construction of the railway, and since that time he had only passed along the…
2Cases cited2 opinions
- Pittsburgh, Virginia & Charleston Railway Co. v. VanceSupreme Court of Pennsylvania · 1887
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
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