Dilts v. Plumville Railroad
Supreme Court of Pennsylvania
Appeal, No. 205, Oct. T., 1908, by defendant, from judgment of C. P. Indiana Co., Sept. T., 1907, No. 208, on verdict for plaintiff in case of Mary J. Dilts v. Plumville Railroad Company. Appeal from award of viewers. Before Telford, P. J. At the trial plaintiff was asked this question: “Q. State how much the damage was since the railroad company appropriated your land to itself? Objected to as incompetent.
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Appeal, No. 205, Oct. T., 1908, by defendant, from judgment of C. P. Indiana Co., Sept. T., 1907, No. 208, on verdict for plaintiff in case of Mary J. Dilts v. Plumville Railroad Company. Appeal from award of viewers. Before Telford, P. J. At the trial plaintiff was asked this question: “Q. State how much the damage was since the railroad company appropriated your land to itself? Objected to as incompetent. The Court: Objection overruled, exception noted to defendant, and bill sealed. [4] “A. $3,000.” St. Clair Thompson was asked these questions: “Q. Will you state now what the market value…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a condemnation proceeding, instituted July 26, 1907, by the plaintiff for the purpose of having determined the damages which she has sustained by reason of the location and construction of the defendant company’s road through her lands in Indiana county. She owns a farm containing sixty-two acres on which are two dwellings houses, one large bam and other outbuildings. The right of way of the defendant’s road through her premises is a strip of land sixty-six feet in width and ninety-six rods in lengths, and contains two and four-tenths acres. In the…
2Cases cited11 opinions
- Wheatley v. BaughSupreme Court of Pennsylvania · 1855
- Pa. Schuylkill Val. R. R. v. Reading Paper MillsSupreme Court of Pennsylvania · 1892
- Penn Gas Coal Co. v. Versailles Fuel Gas Co.Supreme Court of Pennsylvania · 1890
- Jones v. Erie & Wyoming V. R., Pennsylvania Court of Common Pleas, Wyoming County1892
- Fischer v. Catawissa RailroadSupreme Court of Pennsylvania · 1896
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- Brown v. Title Guaranty & Surety Co.Supreme Court of Pennsylvania · 1911
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