Losch's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lehigh county: Of January Term, 1885, No. 104. Appeal of Constantine Losch from- a decree of said court striking from the record his appeal from the assessment of damages made by viewers, in the matter of re-opening Linden street in the city of Allentown.
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Appeal from the Court of Common Pleas of Lehigh county: Of January Term, 1885, No. 104. Appeal of Constantine Losch from- a decree of said court striking from the record his appeal from the assessment of damages made by viewers, in the matter of re-opening Linden street in the city of Allentown. On the trial, before Albright, P. J., the following facts appeared: On May 8th, 1882, on petition of the city authorities of Allentown, representing that the city had directed the opening of Linden street as located on the plan of the city, viewers to assess the damages were appointed who reported…
1Opinion of the Court
The opinion of the Court was filed
2Per curiam
The owner of land is the person in whose name proceedings are to be instituted to recover damages or compensation for laud taken or injured by a railroad or canal company. The same rule applies in the case of public roads and streets : McFadden v. Johnson, 22 P. F. S., 335 ; Tenbrooke v. Jahke, 27 Id., 392. Damages being in the nature of a trespass for injury done to the land do not pass by a subsequent conveyance thereof. The damages were a personal claim of the owner when the injury occurred. They do not run with the land nor pass by the deed, although not…
3Cited by11 opinions
- Briegel v. BriegelSupreme Court of Pennsylvania · 1931
- Kaufmann v. PittsburghSupreme Court of Pennsylvania · 1915
- Coons v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1914
- James v. West Chester BoroughSupreme Court of Pennsylvania · 1908
- Quade v. Columbia & Port Deposit Railway Co.Supreme Court of Pennsylvania · 1911
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