Davis v. Wheeling, Pittsburg & Baltimore Railroad
Superior Court of Pennsylvania
Appeal, No. 46, April T., 1904, by defendant from judgment of C. P. Washington Co., Feb. T., 1908, No. 67, on verdict for plaintiff in case of Robert W. Davis v. Wheeling, Pittsburg & Baltimore Railroad Company. Trespass to recover damages for an alleged encroachment upon a private right of way. Before Taylor, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant.
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Appeal, No. 46, April T., 1904, by defendant from judgment of C. P. Washington Co., Feb. T., 1908, No. 67, on verdict for plaintiff in case of Robert W. Davis v. Wheeling, Pittsburg & Baltimore Railroad Company. Trespass to recover damages for an alleged encroachment upon a private right of way. Before Taylor, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for f 1,100. Defendant appealed. Error assigned among others was (12) in refusing binding instructions for defendant. A railroad being a…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action to recover damages for encroachment upon a private right of way, alleged to have been acquired by prescription, leading from his lands over th'e right' of way of the defendant company and between the supports of a trestle work upon which the tracks of the company were located. The statement contained an averment that the fill at the end of the trestle work had slipped and diverted the flow of water from a spring to such an extent as to damage the roadbed of said right of way, and that at one time the slip had extended on to the road, but…
2Cases cited4 opinions
- Neff v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Kemp v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Port v. Huntingdon & Broad Top R. R.Supreme Court of Pennsylvania · 1895
- Pennsylvania Railroad v. JonesSupreme Court of Pennsylvania · 1865
3Cited by4 opinions
- Brush v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
- Reading Co. v. SeipSuperior Court of Pennsylvania · 1906
- White v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1911
- Olympian Sportsmen, Inc. v. Erie-Lackawanna Railway Co., Pennsylvania Court of Common Pleas, Mercer County1968