Davis v. Titusville & Oil City Railway Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: Of October Term 1885, No. 192. This was a proceeding instituted by Henry R. Davis against the Titusville and Oil City Railway Co., under tlie Act of 1849, to recover damages for land taken by said company for railroad purposes. Upon petition viewers were appointed who made report. From this report Davis appealed.
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Error to the Court of Common Pleas of Venango county: Of October Term 1885, No. 192. This was a proceeding instituted by Henry R. Davis against the Titusville and Oil City Railway Co., under tlie Act of 1849, to recover damages for land taken by said company for railroad purposes. Upon petition viewers were appointed who made report. From this report Davis appealed. On motion, the court directed that the issue be tried by a jury in the form of an action of trespass, Davis being the plaintiff and the railway company the defendant. Plea not guilty. The facts as they appeared on the trial before…
1Opinion of the CourtJustice Clark
In the determination of this case, we must assume that the defendant’s road was, by the Tutusville and Petroleum Center Railroad Company, permanently located in the year 1870, on the same ground upon which it has since been constructed ; and, that the grading of this part of it was done in the year 1870 and 1871. These questions of fact were distinctly submitted to the jury, and there was abundant evidence to justify the submission. The verdict, therefore, establishes these facts beyond all controversjn It is plain too, that the entry of the company, for the location and construction of the…
2Cited by15 opinions
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
- Kaufman v. PittsburgSupreme Court of Pennsylvania · 1904
- United States v. Town of NahantCourt of Appeals for the First Circuit · 1907
- Oliver v. Pittsb. V. & C. Ry. Co.Supreme Court of Pennsylvania · 1890
- Johnston v. CallerySupreme Court of Pennsylvania · 1896
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