Updegrove v. Penna. Sch. V. R.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 87 July Term 1889, Sup. Ct.; court below, No. 39 August Term 1887, C. P. On October 29, 1888, tbe court below directed an issue between Levi S. Updegrove, as plaintiff, and the Pennsylvania Schuylkill Valley Railroad Company, as defendant, in pursuance of an appeal by the plaintiff from the report of viewers appointed to assess damages against the defendant for taking and occupying plaintiff’s land in…
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF CHESTER COUNTY. No. 87 July Term 1889, Sup. Ct.; court below, No. 39 August Term 1887, C. P. On October 29, 1888, tbe court below directed an issue between Levi S. Updegrove, as plaintiff, and the Pennsylvania Schuylkill Valley Railroad Company, as defendant, in pursuance of an appeal by the plaintiff from the report of viewers appointed to assess damages against the defendant for taking and occupying plaintiff’s land in the construction of its railroad. At the trial on May 15, 1889, it was made to appear that o September 15,1883, when…
1Per curiam
It was decided in Railway Co. v. Swank, 105 Pa. 555, that “ an agreement between a landowner and a railroad company to sell the latter a right of way across the premises of the former, covers all damages, of whatever sort, suffered by the landowner ; all for which he is legally entitled to compensation.” The same principle was recognized in the later case of Hoffeditz v. Railway Co., 129 Pa. 264. In the latter case the plaintiff had, for the consideration of $1,000, released the company from all suits, claims, demands, and damages whatever, for, upon, or by reason of their entry upon and…
2Cases cited2 opinions
- North & West Branch Railway Co. v. SwankSupreme Court of Pennsylvania · 1884
- Hoffeditz v. South. Penn. R. & M. Co.Supreme Court of Pennsylvania · 1889
3Cited by11 opinions
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- Kemp v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- MD Mall Assocs., LLC v. CSX Transp., Inc.District Court, E.D. Pennsylvania · 2017
- Southern Furniture Mfg. Co. v. Mobile CountySupreme Court of Alabama · 1963
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