Penn. Schuyl. V. R. v. Walsh
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OF MONTGOMERY COUNTY. No. 49 January Term 1889, Sup. Ct.; court below, No. 42 June Term 1886, C. P. On April 8,1886, Maurice A. Walsh, Nicholas Cantwell and James E. Mulholland, executors of the last will and testament of the Most Rev. James F. Wood, Archbishop of Philadelphia, to the use of the Most Rev. Patrick John Ryan, Archbishop of Philadelphia, successor to the Most Rev. James F. Wood, brought an action in case against the…
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ERROR TO THE COURT OE COMMON PLEAS OF MONTGOMERY COUNTY. No. 49 January Term 1889, Sup. Ct.; court below, No. 42 June Term 1886, C. P. On April 8,1886, Maurice A. Walsh, Nicholas Cantwell and James E. Mulholland, executors of the last will and testament of the Most Rev. James F. Wood, Archbishop of Philadelphia, to the use of the Most Rev. Patrick John Ryan, Archbishop of Philadelphia, successor to the Most Rev. James F. Wood, brought an action in case against the Pennsylvania Schuylkill' Valley Railroad Company. The declaration set forth the ownership of the plaintiffs of a lot of ground…
1Opinion of the Court
Opinion,
Mb. Chief Justice Paxson :
While there are numerous assignments of error in this case, the fifth presents the only question which requires discussion. The defendant below asked the court to instruct the jury that “ there can be no compensation for injury to persons or property unaccompanied with negligence, arising from the operation or use of the defendant’s railroad, constructed on a public street in the borough of Norristown, and so authorized by law, when no land is taken from the plaintiffs, nor the grade of the street changed by excavation or embankments by the defendant in front…
2Cases cited4 opinions
- County of Chester v. BrowerSupreme Court of Pennsylvania · 1888
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
- Pennsylvania Railroad v. DuncanSupreme Court of Pennsylvania · 1886
3Cited by11 opinions
- In re Melon StreetSupreme Court of Pennsylvania · 1897
- Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
- Penna. Co. for Ins. on Lives & Granting Annuities v. Penna. Schuylkill Valley R. R.Supreme Court of Pennsylvania · 1892
- Willock v. Beaver Valley RailroadSupreme Court of Pennsylvania · 1909
- Ghaster v. City of FostoriaOhio Supreme Court · 1926
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