Willing v. Baltimore Rail Road
Supreme Court of Pennsylvania
CERTIORARI, This was a certiorari to the Court of Common Pleas.of Delaware County to remove'the proceedings in the matter of the petition of Richard Willing, for a jury to assess the damages done to his land by the Philadelphia, Wilmington and Baltimore Rail Road Company. The act of assembly incorporating the company, and under which the proceedings in this .case were had, contained the following provisions.
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CERTIORARI, This was a certiorari to the Court of Common Pleas.of Delaware County to remove'the proceedings in the matter of the petition of Richard Willing, for a jury to assess the damages done to his land by the Philadelphia, Wilmington and Baltimore Rail Road Company. The act of assembly incorporating the company, and under which the proceedings in this .case were had, contained the following provisions. “Sect. 12. And be it further enacted by the authority aforesaid, That when the said company cannot agree with the owner or owners of such required land for the purchase thereof, or for…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
(After stating the clauses of .the act of assembly and the proceedings in the Common Pleas,) — In the administration of justice, certain parts are peculiarly the province of the Court, and other parts fall more under the power of .the jury. ' Thus the Court cannot assess the amount of-damages done to real or personal property — it must be done by the jury, and it is only under peculiar circumstances that the Court will or can properly interfere with this finding. In that case the Court have heard' all the evidence, and have had an opportunity…
2Cases cited1 opinion
- Large v. PassmoreSupreme Court of Pennsylvania · 1819
3Cited by2 opinions
- Pennsylvania Railroad v. First German Lutheran CongregationSupreme Court of Pennsylvania · 1867
- Pennsylvania Railroad v. HeisterSupreme Court of Pennsylvania · 1848