Pittsburgh, Ft. Wayne & Chicago Ry. v. Peet
Supreme Court of Pennsylvania
Appeal, No. 91, Oct. T., 1892, by defendants, Ella K. Peet et al., from judgment of C. P. No. 1, Allegheny Co., Dee. T., 1890, No. 976, on verdict for plaintiffs. Ejectment for a lot of ground on the south side of Robinson street in the city of Allegheny.
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Appeal, No. 91, Oct. T., 1892, by defendants, Ella K. Peet et al., from judgment of C. P. No. 1, Allegheny Co., Dee. T., 1890, No. 976, on verdict for plaintiffs. Ejectment for a lot of ground on the south side of Robinson street in the city of Allegheny. At the trial., before Stowe, P. J., plaintiff claimed title to the land in controversy by virtue of condemnation proceedings in 1855. Part of the land condemned was used by the railroad company for its tracks and abutments; but the lot in suit was not in actual occupation of the company. At the time of the condemnation proceedings, the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
This was an action of ejectment in the court below. The plaintiffs showed title to the locus in quo by certain deeds, and by proceedings to condemn it for railroad purposes. The defendants contended that if the plaintiffs did actually condemn the strip of ground in question, they could not recover in ejectment for the reason that it did not acquire a#fee in the ground, but only an easement, and that ejectment will not lie for a mere right of way.
The vice of this argument consists in treating the plaintiffs’ right as a mere easement or right of way. It is a…
2Cases cited3 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Junction Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
3Cited by36 opinions
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- Barnes Foundation v. KeelySupreme Court of Pennsylvania · 1933
- Lacy v. East Broad Top Railroad & Coal Co.Superior Court of Pennsylvania · 1951
- Canton Co. v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1904
- Brown v. Title Guaranty & Surety Co.Supreme Court of Pennsylvania · 1911
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