Conwell v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 25, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 494, refusing to take off nonsuit in case of Fannie E. Conwell v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to plaintiff’s real estate. Before Carr, J. The opinion of the Supreme Court states the case. The trial judge entered judgment of nonsuit, which the court in banc refused to take off. Plaintiff appealed.
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Appeal, No. 25, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 494, refusing to take off nonsuit in case of Fannie E. Conwell v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to plaintiff’s real estate. Before Carr, J. The opinion of the Supreme Court states the case. The trial judge entered judgment of nonsuit, which the court in banc refused to take off. Plaintiff appealed. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
In order to comply with the municipal requirements as to' the discontinuance of grade crossings within the limits of the City of Philadelphia, the Philadelphia & Reading Railway Company in the year 1909 proceeded to elevate its tracks. To accomplish this work it was found necessary at the point which here concerns us, to occupy to its fullest extent on the west side the right of way of the railway company which was of a width of sixty-six feet, under chartered privilege. At this point, the southwest corner of Dauphin street, was situate a lot owned by the…
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