Templeton v. Lehigh & Wilkes-Barre Coal Co.
Superior Court of Pennsylvania
Appeal, No. 32, March T., 1912, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1909, No. 1,413, on verdict for defendants in case of Hugh Templeton v. The Lehigh & Wilkes-Barre Coal Company and The Delaware, Lackawanna & Western Railroad Company. Ejectment for a strip of land in Plymouth borough. Before Jones, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 32, March T., 1912, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1909, No. 1,413, on verdict for defendants in case of Hugh Templeton v. The Lehigh & Wilkes-Barre Coal Company and The Delaware, Lackawanna & Western Railroad Company. Ejectment for a strip of land in Plymouth borough. Before Jones, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: Railroad companies are invested with what is known in the law as the right of eminent domain. That is a right to take private property for public use; to enter upon and into…
1Opinion of the Court
Opinion by
Pouter, J.,
The plaintiff brought this action of ejectment to recover possession of a narrow strip of land, described in the praecipe as being eighty-four feet long and twelve and two-tenths feet wide at one end and fourteen and five-tenths at the other, and bounded on the northwest side by a concrete wall recently erected and on the southeast side by the line of the Delaware, Lackawanna & Western R. R. Co. It appeared, at the trial, that both parties claimed under Samuel Davenport, deceased. The plaintiff had derived his title, through sundry conveyances, from the heirs of Samuel…
2Cases cited10 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
- Sapp v. Northern Central Railway Co.Court of Appeals of Maryland · 1879
- Johnston v. CallerySupreme Court of Pennsylvania · 1896
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- Speer v. Monongahela Railroad Co.Supreme Court of Pennsylvania · 1916
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
- Maryland & Pennsylvania Railroad Preservation Authority v. Agricultural Lands Condemnation Approval BoardCommonwealth Court of Pennsylvania · 1998