Pennsylvania Railroad v. Heister
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Dauphin county. The questions in these cases arose on proceedings by owners of land to assess the damages incurred by the location of the Pennsylvania Railroad upon their property, under the act of Assembly incorporating the company.
Read the full summary
Certiorari to the Quarter Sessions of Dauphin county. The questions in these cases arose on proceedings by owners of land to assess the damages incurred by the location of the Pennsylvania Railroad upon their property, under the act of Assembly incorporating the company. The act provides that when the company cannot agree with the owners upon the compensation, &c., they, or the owners, may apply to the Quarter Sessions, who shall issue a precept to the sheriff, commanding him to summon twenty disinterested freeholders, to ascertain what damages, if any, have or may be sustained by reason of…
1Opinion of the CourtRogers, J.
The 12th section of the act to incorporate the Pennsylvania Railroad Company directs that whenever the company cannot agree with the owner as to the compensation to be allowed for the injury done his land, or the price of materials taken for the use of the company, it shall be the duty of the Court of Quarter Sessions to issue a precept to the sheriff, commanding *448him to summon twenty discreet and disinterested freeholders of the county to act as jurors, whose duty it shall he to ascertain and report to the court whether any, and if any, what damage has been or may be sustained by the owner of…
2Cases cited2 opinions
- Allison v. Delaware & Schuylkill Canal Co.Supreme Court of Pennsylvania · 1840
- Willing v. Baltimore Rail RoadSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Commonwealth v. ScovernSupreme Court of Pennsylvania · 1927
- Philadelphia Ball Club, Ltd. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1899
- Walin v. YoungOregon Supreme Court · 1947
- Commonwealth v. BrooksSuperior Court of Pennsylvania · 1976