Penna. Co. for Ins. on Lives & Granting Annuities v. Penna. Schuylkill Valley R. R.
Supreme Court of Pennsylvania
Appeal, No. 281, Jan. T., 1891, by plaintiff, as trustee under tbe will of Benj. Brannan, from judgment of C. P. Schuylkill Co., Jan. T. 1889, No. 124, on verdict for plaintiff. Trespass on the case to recover damages for injuries to plaintiff’s land by reason of the construction of defendant’s railroad.
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Appeal, No. 281, Jan. T., 1891, by plaintiff, as trustee under tbe will of Benj. Brannan, from judgment of C. P. Schuylkill Co., Jan. T. 1889, No. 124, on verdict for plaintiff. Trespass on the case to recover damages for injuries to plaintiff’s land by reason of the construction of defendant’s railroad. At the trial, before Green, J., the evidence was to the effect that in May, 1856, Benjamin Bannan and Thomas I. Atwood, being tenants in common of a tract of land in Pottsville, made partition, Bannan taking the northern and southern portions and Atwood taking the land between these portions.…
1Opinion of the Court
Opinion by
Mk. Justice Williams,
The plaintiff holds the title to two pieces of real estate in the borough of Pottsville. One of these known as the Bannan homestead has a front on Coal street over part of which the defendant’s road has been built. The other contains several acres, has been laid out into building lots fronting upon Jackson street and two or three other streets, and is separated from the homestead lot by an intervening tract known as the Whiting tract. It does not front upon Coal street, but at its nearest approach thereto has a tier of lots from one to two hundred feet in length…
2Cases cited5 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
- Pennsylvania Railroad v. DuncanSupreme Court of Pennsylvania · 1886
- Penn. Schuyl. V. R. v. WalshSupreme Court of Pennsylvania · 1889
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- Hartman v. Pittsburgh Incline Plane Co.Supreme Court of Pennsylvania · 1894
- Morris v. CommonwealthSupreme Court of Pennsylvania · 1951
- Elgart v. PhiladelphiaSupreme Court of Pennsylvania · 1959
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