Citizens' Electric Co. v. Davis
Superior Court of Pennsylvania
Appeal, No. 1, Feb. T., 1910, by plaintiff, from judgment of C. P. Lycoming Co., June T., 1906, No. 5, on verdict for defendant in case of Citizens’ Electric Company v. Ernest H. Davis, Trustee. Trespass to recover damages for obstructing a right of way. Before Hart, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Henderson, J.,
The title under which the plaintiff claims is found in a covenant contained in a deed between L. A. Ensworth and W. C. Bronson of the one part and B. H. Taylor, H. S. Brooks and D. H. Tuthill of the other part, dated January 30, 1858. The words of the covenant are as follows: “And it is further hereby covenanted that the road twenty feet in width on the north side of the platform in front of the saw mills erected on the premises above described; also the road along the northern shore of the head-race, and also the plank or railroad (from the saw mills to the Penna.…
2Cases cited8 opinions
- Richmond v. BennettSupreme Court of Pennsylvania · 1903
- Smiles v. HastingsNew York Supreme Court · 1857
- Curtis v. KeeslerNew York Supreme Court · 1852
- Gunson v. HealySupreme Court of Pennsylvania · 1882
- Corey v. Edgewood BoroughSuperior Court of Pennsylvania · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Citizens Electric Co. v. Lycoming-Edison Co.Supreme Court of Pennsylvania · 1915
- Murawski v. Kurlancheek, Pennsylvania Court of Common Pleas, Luzerne County1951
- Penman v. JonesSupreme Court of Pennsylvania · 1917
- Rogers v. Streiner, Pennsylvania Court of Common Pleas, Lawrence County1957