Bredin v. Pittsburg & Western Railway
Supreme Court of Pennsylvania
Certiorari No. 194, Oct. T., 1894, by defendant, from order of C. P. Butler Co., March T., 1884, No. 12, overruling objections to the appointment of viewers. Petition for appointment of viewers. From the record it appeared that, on Dec. 22, 1883, Joseph B. Bredin petitioned the court to appoint viewers to assess damages for injuries caused by the construction of a railroad in Butler borough.
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Certiorari No. 194, Oct. T., 1894, by defendant, from order of C. P. Butler Co., March T., 1884, No. 12, overruling objections to the appointment of viewers. Petition for appointment of viewers. From the record it appeared that, on Dec. 22, 1883, Joseph B. Bredin petitioned the court to appoint viewers to assess damages for injuries caused by the construction of a railroad in Butler borough. The railroad company filed an answer to the petition in which they averred that, on April 12, 1879, Nancy Bredin, who was then the owner of the land, executed a deed to the Pittsburg & B utler Railway…
1Opinion of the Court
Pee Curiam,
This certiorari brings before us nothing but the record proper of the court below. There is nothing in it that is sufficient to convict the court of error in allowing the amendment, or in appointing the viewers. Defendant company’s main objections to the latter are grounded upon matters of fact which are not admitted and upon which we cannot undertake to pass at this stage of the proceedings. As to the alleged grant of the right of way by Mrs. Nancy Bredin in April, 1879, the paper itself shows that said grant was “on the condition that said railway shall be constructed and in…
2Cited by1 opinion
- Schlott v. BoroughSuperior Court of Pennsylvania · 1912