White v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 115, Oct. T., 1910, by defendant, from judgment of C. P. Indiana County, Sept. T., 1906, No. 160, on verdict for plaintiff in case of James H. White, Jr., v. The Pennsylvania Railroad Company. Appeal from the award of a jury of view. Before Tel-ford, P. J. The opinion, of the Supreme Court states the case. Verdict for plaintiff for 88,683, and judgment thereon.
Read the full summary
Appeal, No. 115, Oct. T., 1910, by defendant, from judgment of C. P. Indiana County, Sept. T., 1906, No. 160, on verdict for plaintiff in case of James H. White, Jr., v. The Pennsylvania Railroad Company. Appeal from the award of a jury of view. Before Tel-ford, P. J. The opinion, of the Supreme Court states the case. Verdict for plaintiff for 88,683, and judgment thereon. Errors assigned were (1-3) and (5-7) rulings on evidence; (4) refusal of court to strike out estimate of market value of plaintiff’s farm made by Robert Nesbitt; and (8-10) various instructions of the court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff is the owner of a tract of land in Indiana county bordering on the Conemaugh river. With a view to straighten and otherwise improve its line of road, the defendant company appropriated by condemnation proceeding something over four acres of this land. At this point the defendant company constructed a bridge for its roadbed over the river. The near abutment and two of the piers rested on the land which had been appropriated, the second pier being near the low water lines; the other piers, four in number, rested on the bed of the river. Evidence was…
2Cases cited2 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Braine v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1907
3Cited by8 opinions
- Tomasek v. Oregon State Highway CommissionOregon Supreme Court · 1952
- Morrison v. Clackamas CountyOregon Supreme Court · 1933
- Sgarlat Estate v. CommonwealthSupreme Court of Pennsylvania · 1960
- Stickell v. Mayor of BaltimoreCourt of Appeals of Maryland · 1969
- County of Monroe v. BolusCommonwealth Court of Pennsylvania · 1992
3 more not listed; retrieve them via the Exa API.