Legal Opinion

Wattson v. Chester & Delaware River Railroad

Supreme Court of Pennsylvania

Decided January 22, 1877PublishedCited by 6 opinions

Error to the Court of Common Pleas, No. 3, of Philadelphia county : Of January Term 1875, No. 199. Debt by Thomas B. Wattson and another against the Chester and Delaware River Railroad Co., to recover the amount due for land taken and occupied by the company for railroad purposes. The action was originally brought in Delaware county and was removed to Philadelphia county by the plaintiffs in September 1874, under the Acts of 14th April 1834 (Pamph.

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Error to the Court of Common Pleas, No. 3, of Philadelphia county : Of January Term 1875, No. 199. Debt by Thomas B. Wattson and another against the Chester and Delaware River Railroad Co., to recover the amount due for land taken and occupied by the company for railroad purposes. The action was originally brought in Delaware county and was removed to Philadelphia county by the plaintiffs in September 1874, under the Acts of 14th April 1834 (Pamph. L. 395), and 28th April 1870 (Pamph. L. 1292). The narr., which was filed in Philadelphia county, set forth as a cause of action the taking by the…

1Opinion of the CourtChief Justice Agnew

The provision of the new Constitution contained in section 23d of article 3, that “ The poAver to change the venue in cíau! and criminal cases shall be vested in the courts, to be exercised in such manner as shall be provided by Iuay,” Avas not immediately operative, eo instante the Constitution Avas adopted, so as to defeat existing laAYS. By the second section of the schedule, “ All laws in force in this Commonwealth at the time of the adoption of this Constitution, not inconsistent therewith, and all rights, actions, prosecutions and contracts shall continue as if this Constitution had not…

2Cited by6 opinions

  1. Pennsylvania Power & Light Co. v. Gulf Oil Corp.Superior Court of Pennsylvania · 1979
  2. Apex Hosiery Co. v. Philadelphia CountySupreme Court of Pennsylvania · 1938
  3. Plaugher v. American Viscose Corp.Superior Court of Pennsylvania · 1941
  4. Felts v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1895
  5. Municipal Authority of the Monongahela v. Carroll Township AuthorityCommonwealth Court of Pennsylvania · 2000

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