Marine Coal Co. v. Pittsburgh, McKeesport & Youghiogheny Railroad
Supreme Court of Pennsylvania
Appeal, No. 284, Jan. T., 1913, by defendant, from judgment of C. P. Fayette Co., March T., 1912, No. 247, on verdict for plaintiff in case of Marine Coal Company v. Pittsburgh, McKeesport and Youghiogheny Railroad Company. Stipulation for assessment of damages by a jury as upon appeal from the award of jurors. Before Umbel, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $72,918 and judgment thereon. Defendant appealed.
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Appeal, No. 284, Jan. T., 1913, by defendant, from judgment of C. P. Fayette Co., March T., 1912, No. 247, on verdict for plaintiff in case of Marine Coal Company v. Pittsburgh, McKeesport and Youghiogheny Railroad Company. Stipulation for assessment of damages by a jury as upon appeal from the award of jurors. Before Umbel, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $72,918 and judgment thereon. Defendant appealed. Defendant presented the following point: 1. The interest and title acquired by the defendant in the land appropriated to its use in this…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a proceeding to have damages assessed for land appropriated by the defendant company in widening its railroad. Some years ago the defendant obtained by grant a strip of land lying along and parallel to the Monongahela river in Fayette County, being part of a tract containing about 194 acres, on which it constructed a railroad with four tracks. There were about forty acres bottom land and the residue was a hill or upland. Desiring to widen and improve its road, the defendant company appropriated the strip of land lying between its right of way and the…
2Cases cited14 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
- Pa. Schuylkill Val. R. R. v. Reading Paper MillsSupreme Court of Pennsylvania · 1892
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Brown v. Title Guaranty & Surety Co.Supreme Court of Pennsylvania · 1911
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