Railroad v. Gesner
Supreme Court of Pennsylvania
Certiorari to the Common Pleas of Delaware county, by the Philadelphia, Wilmington, and Baltimore Railroad Company v. William H. Gresner, committee of Philip Morris, a lunatic. This was a proceeding under the provisions of the Act of Assembly passed April 2, 1831, and a supplement thereto, passed March 14, 1836, incorporating the Philadelphia, Wilmington, and Baltimore Railroad Company.
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Certiorari to the Common Pleas of Delaware county, by the Philadelphia, Wilmington, and Baltimore Railroad Company v. William H. Gresner, committee of Philip Morris, a lunatic. This was a proceeding under the provisions of the Act of Assembly passed April 2, 1831, and a supplement thereto, passed March 14, 1836, incorporating the Philadelphia, Wilmington, and Baltimore Railroad Company. On the 24th day of August, 1852, the petition of Gresner, the committee of Philip Morris, was presented to said Court, setting forth that, by virtue of the Act of Assembly, said Railroad Company was authorized…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
Without affirming all that is said in Willing’s case, 4 Wharton 461, the decision is an authority for the principle that, under the peculiar provisions of the charter in question here, an assessment of damages will not be set aside upon the sole ground that the Court differs from the jury in estimating the amount. This disposes of the first and third exceptions to the verdict.
The second exception raises the question whether interest can be allowed on the compensation from the time when the Company took possession of the land. This is a matter…
2Cited by1 opinion
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