Rees v. Schuyl. R. R.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 248 January Term 1889, Sup. Ct.; court below, No. 429 March Term 1887, C. P. No. 2. On April 28, 1887, upon petition of the Schuylkill River East Side Railroad Company, the court below appointed viewers to assess the damages, if any, arising to P. Ashman Rees and others by reason of the location and construction of said company’s railroad upon and across a certain lot of ground in…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 248 January Term 1889, Sup. Ct.; court below, No. 429 March Term 1887, C. P. No. 2. On April 28, 1887, upon petition of the Schuylkill River East Side Railroad Company, the court below appointed viewers to assess the damages, if any, arising to P. Ashman Rees and others by reason of the location and construction of said company’s railroad upon and across a certain lot of ground in Philadelphia. On June 18, 1888, the viewers reported awarding damages to the landowners, and on July 9, 1888, the railroad company…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
There is no merit in the several specifications of error which relate to the admission of evidence of the value of the plaintiffs’ property in August, 1886. It was then that the defendant company entered upon the premises, and that the plaintiffs first learned of its determination to construct its railroad there. There was nothing upon the ground to indicate a prior permanent location of such road, and there was no act of the defendant company, within the knowledge of the plaintiffs, which amounted to an appropriation of their property. After the plaintiffs had…
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