Rail Road Co. v. Gilson
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks county. Riah Gilson against The Philadelphia and Reading Rail Road Company. This was an application for damages done to the plaintiff’s property by reason of the construction of the rail road, and taking materials from him for that purpose. The opinion of the court sufficiently states the questions which arose on the trial.
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error is an exception to the opinion of the court below, in admitting the evidence of John McManus, showing that he had bought ground, meaning earth and gravel, from the plaintiff below, who is the defendant in error, for the purpose of making an embankment on a section of the rail road, which he had undertaken to grade for the company, and paid him at the rate of five cents per cubic yard for it. The objection to this evidence is, that the price of the gravel and earth, taken by the com*244pany, the plaintiffs in error, from the land…
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