O'Brien v. Schenley Park & Highlands Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 109, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1894, No. 211, on verdict for plaintiff's. Appeal from jury of view. At the trial it appeared that the defendant laid out a railroad through a tract of land consisting of about two and one half acres on the left side of Ford street in the city of Pittsburg. Plaintiff also owned about two acres on the right side of Ford street.
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Appeal, No. 109, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T., 1894, No. 211, on verdict for plaintiff's. Appeal from jury of view. At the trial it appeared that the defendant laid out a railroad through a tract of land consisting of about two and one half acres on the left side of Ford street in the city of Pittsburg. Plaintiff also owned about two acres on the right side of Ford street. The two pieces were originally one tract which was divided by Ford street. In their statement plaintiffs claimed damages for the whole tract, but at the trial they alleged…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The plaintiffs’ statement of claim set forth the ownership of an entire property extending on both sides of Forbes street, giving all its courses and distances, with improvements, consisting of a two-story frame dwelling house and out buildings erected thereon. By the testimony it appeared that the whole tract contained about four and one half acres, of which about two and a half acres were on the left side of Forbes street without any buildings, and about two acres with the buildings were on the right side of the street. The defendant’s railroad was located…
2Cases cited7 opinions
- Penn. Schuyl. V. R. v. ClearySupreme Court of Pennsylvania · 1889
- Harris v. Schuylkill R.Supreme Court of Pennsylvania · 1891
- Shenango & Allegheny Railroad v. BrahamSupreme Court of Pennsylvania · 1875
- Cummings v. City of WilliamsportSupreme Court of Pennsylvania · 1877
- Schuylkill River R. v. Stocker, Pennsylvania Court of Common Pleas, Philadelphia County1889
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