Graham v. Pittsburgh etc. R. Co.
Pennsylvania Court of Common Pleas, Lawrence County
No. 78 October Term 1891, Sup. Ct.; court below, No. 14 December Term 1890, G. P. On September 27,1890, the Pittsburgh & Lake Erie Railroad Company filed its petition for the appointment of viewers to assess damages for the appropriation by said company of a certain strip of land belonging to Robert Graham, for the purposes of its railroad.
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No. 78 October Term 1891, Sup. Ct.; court below, No. 14 December Term 1890, G. P. On September 27,1890, the Pittsburgh & Lake Erie Railroad Company filed its petition for the appointment of viewers to assess damages for the appropriation by said company of a certain strip of land belonging to Robert Graham, for the purposes of its railroad. Viewers appointed having made a report assessing damages, the railroad company entered an appeal therefrom on November 20,1890. On December 3, 1890, the company presented to the court its bond, conditioned for the payment to Robert Graham of such damages…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
The plaintiff is the owner of a tract of land in Mahoning township, Lawrence county, through which formerly passed the Ohio & Pennsylvania Canal, a small portion of his land lying between the canal and the Mahoning river. In 1873, the canal was abandoned; and in November, 1877, the Pittsburgh & Lake Erie Railroad Co., claiming to own the land occupied by the canal, entered and began the construction of their road, which was completed in the fall of 1878. About the year 1882, the Pittsburgh, Cleveland & Toledo Railroad Co. purchased of. the plaintiff, in fee, for…
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