Penn. Schuyl. V. R. v. Cleary
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE SCHUYLKILL COUNTY. No. 160 January Term 1889, Sup. Ct.; court below, No 17 July Term 1887, C. P. On May 2, 1887, Malachi J. Cleary filed a 'petition for the appointment of viewers to assess damages, against the Pennsylvania Schuylkill Valley E. Co. for land taken by the company for railroad purposes.
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ERROR TO THE COURT OE COMMON PLEAS OE SCHUYLKILL COUNTY. No. 160 January Term 1889, Sup. Ct.; court below, No 17 July Term 1887, C. P. On May 2, 1887, Malachi J. Cleary filed a 'petition for the appointment of viewers to assess damages, against the Pennsylvania Schuylkill Valley E. Co. for land taken by the company for railroad purposes. The viewers were appointed and filed their report, September 5,1887, assessing his damages at $4,750. The petitioner appealed from the award, and it was agreed that the action should be in the form of an action of trespass, under the plea of not guilty. At…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The court below was right in the admission of the evidence which is the subject of the first assignment of error. The lot of land over which the line of the road belonging to the plaintiff in error had been laid, belonged prior to 1882 to James Cleary. He died in that year, and his title descended to his heirs-at-law of whom M. J. Cleary is one, and letters of admin*451istration upon his estate were regularly issued to M. J. Cleary. A judgment had been recovered against James Cleary in his lifetime by A. E. Beck in the Common Pleas of Schuylkill county. After the…
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