Gorgas v. Philadelphia, Harrisburg & Pittsburg Railroad
Supreme Court of Pennsylvania
Appeal, No. 101, Jan. T., 1906, by defendant, from judgment of C. P. Cumberland Co. Sept. T.,-1905, No. 5, on verdict for plaintiff in case of W. L. Gorgas and George A. Gorgas, executors of the estate of William R. Gorgas, deceased, v. The Philadelphia, Harrisburg & Pittsburg Railroad Company. Appeal from report of jury of view. Before Sadler, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 101, Jan. T., 1906, by defendant, from judgment of C. P. Cumberland Co. Sept. T.,-1905, No. 5, on verdict for plaintiff in case of W. L. Gorgas and George A. Gorgas, executors of the estate of William R. Gorgas, deceased, v. The Philadelphia, Harrisburg & Pittsburg Railroad Company. Appeal from report of jury of view. Before Sadler, P. J. The opinion of the Supreme Court states the case. Errors assigned were various rulings on evidence, sufficiently shown by the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
It was error for the court below to permit the plaintiff to divide his farm into two tracts, of land and to assess his damages for the injuries done to one of the tracts. Since 1886, he has owned both tracts- and they are physically connected and have been used as one tract by him for agricultural purposes. In estimating his damages, therefore, occasioned by the defendant company’s appropriation of a strip of the land for widening, its right of way, the tract should have been considered as one body of land, and the well-established rule for determining the…
2Cases cited4 opinions
- Pittsburgh, Virginia & Charleston Railway Co. v. VanceSupreme Court of Pennsylvania · 1887
- Becker v. Philadelphia & Reading Terminal RailroadSupreme Court of Pennsylvania · 1896
- East Pennsylvania Railroad v. HiesterSupreme Court of Pennsylvania · 1861
- Schuylkill River R. v. Stocker, Pennsylvania Court of Common Pleas, Philadelphia County1889
3Cited by16 opinions
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- Appalachian Electric Power Co. v. GormanSupreme Court of Virginia · 1950
- Berger v. Public Parking Authority of PittsburghSupreme Court of Pennsylvania · 1954
- United States v. 3.544 Acres of Land, More or Less, Situate in Philadelphia County, Pa.Court of Appeals for the Third Circuit · 1945
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