Searle v. Lackawanna & Bloomsburg Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of Luzerne county. This was a proceeding under the Act of 19th February 1849, by Daniel Searle against The Lackawanna and Bloomsburg Railroad Company, for the assessment of the damages sustained by the construction of the defendants’ road through the plaintiff’s land. The plaintiff was the owner of a tract of coal land, containing 91 acres 111 perches, situated on the feeder of the North Branch Canal, in the township of Pittston, Luzerne county.
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Error to the Common Pleas of Luzerne county. This was a proceeding under the Act of 19th February 1849, by Daniel Searle against The Lackawanna and Bloomsburg Railroad Company, for the assessment of the damages sustained by the construction of the defendants’ road through the plaintiff’s land. The plaintiff was the owner of a tract of coal land, containing 91 acres 111 perches, situated on the feeder of the North Branch Canal, in the township of Pittston, Luzerne county. In 1855, the defendants, having first given security for the plaintiff’s damages, constructed their railroad through the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
This case is very defectively presented in the plaintiff’s paper-book, for it gives us no part of the evidence on which the cause was tried, and does not enable us to consider the rejected offers in their regular connection, or to compare the charge with the case before the court. We could not, therefore, consider the plaintiff’s assignments of error here, were it not that his defects are supplied by the defendants’ paper-book.
The claim is for damages for taking part of the plaintiff’s land in making the defendants’ road; and by the…
2Cases cited1 opinion
- Henry v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1844
3Cited by38 opinions
- McSorley v. Avalon Borough School DistrictSupreme Court of Pennsylvania · 1927
- United States v. Frank S. BuhlerCourt of Appeals for the Fifth Circuit · 1962
- Sgarlat Estate v. CommonwealthSupreme Court of Pennsylvania · 1960
- Kemble's EstateSupreme Court of Pennsylvania · 1924
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
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