Marshall v. American Telegraph & Telephone Co.
Superior Court of Pennsylvania
Appeal, No. 4, Oct. T., 1900, by defendant, from judgment of C. P. Berks Co., Jan. T., 1898, No. 63, on verdict for plaintiff, in case of John Marshall v. The American Telegraph and Telephone Company. Appeal from report of viewers. Before Ermentrout, P. J. From the record it appeared that viewers were appointed to assess damages for loss occasioned by the cutting of trees in the erection of telegraph wires.
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Appeal, No. 4, Oct. T., 1900, by defendant, from judgment of C. P. Berks Co., Jan. T., 1898, No. 63, on verdict for plaintiff, in case of John Marshall v. The American Telegraph and Telephone Company. Appeal from report of viewers. Before Ermentrout, P. J. From the record it appeared that viewers were appointed to assess damages for loss occasioned by the cutting of trees in the erection of telegraph wires. A witness for the plaintiff was asked this question: “ Q. What, in your judgment, would be the difference in the market value of that property before this injury, the destruction of these…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff petitioned the court below for the appointment of viewers to assess damages claimed by him from the defendant, by reason of the cutting of trees in the erection or maintenance of their lines through his property, under the provisions of the Act of June 2, 1891, P. L. 170. Upon appeal from the award of the viewers, an issue was framed by agreement under the form of an action of assumpsit, upon which it was tried before a jury in the court below. From the judgment entered upon the verdict rendered in that case, as reduced in amount by the court, this appeal is…
2Cases cited3 opinions
- Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Chatham StreetSuperior Court of Pennsylvania · 1901
- Commonwealth v. ClarkSuperior Court of Pennsylvania · 1896
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- Zeller v. Pennsylvania Turnpike Commission, Pennsylvania Court of Common Pleas, Lancaster County1955