North Shore Railroad v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 38, Oct. T., 1915, by defendant, from judgment of O. P. Beaver Co., June T., 1912, No. 370, on verdict for plaintiff, in case of North Shore Railroad Company v. Pennsylvania Company. Appeal from award of viewers in condemnation proceedings. Before Bouton, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $9,150.00 and judgment thereon. Defendant appealed.
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Appeal, No. 38, Oct. T., 1915, by defendant, from judgment of O. P. Beaver Co., June T., 1912, No. 370, on verdict for plaintiff, in case of North Shore Railroad Company v. Pennsylvania Company. Appeal from award of viewers in condemnation proceedings. Before Bouton, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $9,150.00 and judgment thereon. Defendant appealed. Errors assigned were rulings on evidence and instructions to the jury.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This appeal is from a judgment which was entered in the court below, in the trial of an appeal from an-award of viewers in proceedings for the condemnation of a right of way by the defendant company, under its power of eminent domain. As the result of previous and prolonged litigation, it had been finally determined that the plaintiff in this case, the North Shore Railroad Company, which had procured land, and had graded and ballasted a right of way for a railroad, had no rights as a railroad against the Pennsylvania Company, as it had ceased to exercise its…
2Cases cited6 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Potts v. Penn. S. V. R.Supreme Court of Pennsylvania · 1888
- Marine Coal Co. v. Pittsburgh, McKeesport & Youghiogheny RailroadSupreme Court of Pennsylvania · 1914
- Ohio River Junction Railroad Company's PetitionSupreme Court of Pennsylvania · 1908
- Ohio River Junction Railroad v. Pennsylvania Co.Supreme Court of Pennsylvania · 1907
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3Cited by19 opinions
- Olson v. United StatesSupreme Court of the United States · 1934
- Hughes v. Consol-Pennsylvania Coal Co.Court of Appeals for the Third Circuit · 1991
- Joint Highway District No. 9 v. Ocean Shore RailroadCalifornia Court of Appeal · 1933
- Pennsylvania Gas & Water Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1967
- Lutz Et Ux. v. Allegheny CountySupreme Court of Pennsylvania · 1937
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