Legal Opinion

Robbins v. Scranton

Supreme Court of Pennsylvania

Decided April 22, 1907No. Appeal, No. 278PublishedCited by 14 opinions

Appeal, No. 278, Jan. T., 1906, by defendant, from judgment of C. P. Lackawanna Co., March Term, 1903, No. 175, on verdict for plaintiff in case of C. W. Robbins and Frank M. Spencer, Copartners, trading as Robbins & Spencer, v. City of Scranton. Appeal from award of jury of view.

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Appeal, No. 278, Jan. T., 1906, by defendant, from judgment of C. P. Lackawanna Co., March Term, 1903, No. 175, on verdict for plaintiff in case of C. W. Robbins and Frank M. Spencer, Copartners, trading as Robbins & Spencer, v. City of Scranton. Appeal from award of jury of view. Before Kelly, J. At the trial when Henry Jifkins, a witness for plaintiff, was on the stand, the following offer was made: Mr. Davis: We propose to prove by the witness on the stand that Schnell court was widened to fifty feet before the completion of the viaduct. This to be followed by the testimony of the city…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This case was a feigned issue, on an appeal from the award of viewers appointed to assess damages by reason of the construction of a viaduct on West Lackawanna avenue, from Seventh avenue to Ninth avenue in the city of Scranton. The property of plaintiffs is not situated on Lackawanna avenue, but it is upon the west side of Eighth avenue about 120 feet to the north of Lackawanna, the lot being forty feet wdde and extending from Eighth avenue to the railroad tracks with which it connects by means of a switch in the rear of the building. The plaintiffs conduct a…

2Cases cited1 opinion

  1. Mellor v. City of PhiladelphiaSupreme Court of Pennsylvania · 1894

3Cited by14 opinions

  1. Greenfield v. PhiladelphiaSupreme Court of Pennsylvania · 1925
  2. Branyon v. KirkSupreme Court of Alabama · 1939
  3. Sandstrom v. Oregon-washington Ry. & Nav. Co.Oregon Supreme Court · 1915
  4. Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
  5. Erie City's AppealSupreme Court of Pennsylvania · 1929

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