Jones v. Pennsylvania R.
Supreme Court of Pennsylvania
No. 111 January Term 1891, Sup. Ct.; court below, No. 445 June Term 1882, C. P. No. 2. On. June 21, 1882, William Jones brought trespass on the case against the Pennsylvania Railroad Company, to recover damages for consequential injuries to plaintiff’s real estate, caused by the building of the elevated Filbert street extension of defendant company’s railroad.
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No. 111 January Term 1891, Sup. Ct.; court below, No. 445 June Term 1882, C. P. No. 2. On. June 21, 1882, William Jones brought trespass on the case against the Pennsylvania Railroad Company, to recover damages for consequential injuries to plaintiff’s real estate, caused by the building of the elevated Filbert street extension of defendant company’s railroad. A declaration was filed July 19, 1884. On September 16, 1884, the defendant pleaded not guilty, and on October 12, 1886, filed an additional plea setting up specially an alleged submission and award, and a tender of the amount of the…
1Opinion of the Court
Opinion,
Mr. Justice Green:
This proceeding is not a bill in equity to compel the specific performance of a contract for the sale of land, nor is it an action to recover damages for the breach of such a contract. On the contrary, it is an action of ease brought by the owner of land against a railroad company to recover consequential damages for injury to, without taking any part of the plaintiff’s land.
On the trial, the defendant gave in evidence an agreement in *384writing and under seal between tbe parties, which was made after the action was brought and while it was pending, the substance of…
2Cases cited1 opinion
- North & West Branch Railway Co. v. SwankSupreme Court of Pennsylvania · 1884
3Cited by1 opinion
- Auslander v. ShoreSuperior Court of Pennsylvania · 1924