Lehigh Valley Railroad v. Frank
Superior Court of Pennsylvania
Appeal, No. 29, March T., 1909, by plaintiff, from judgment of C. P. Luzerne Co., May T., 1906, No. 18, on verdict for plaintiff in case of The Lehigh Valley Railroad Company v. William Frank. Ejectment for land in the city -of Wilkes-Barre. Before Fuller, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 29, March T., 1909, by plaintiff, from judgment of C. P. Luzerne Co., May T., 1906, No. 18, on verdict for plaintiff in case of The Lehigh Valley Railroad Company v. William Frank. Ejectment for land in the city -of Wilkes-Barre. Before Fuller, J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [I repeat, if you find from this testimony that there was such a fence alongside of that property, with a house built as described, dating from a period before 1882, and continuing down to the inception of this suit, then you would be…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff sought to recover from the defendant in ejectment a lot of ground fronting on William street in the city of Wilkes-Barre measuring as, the description was amended on the trial, thirty-one and seven tenths feet and running between parrallel lines northwardly to a diagonal line indicated by a fence bounding the plaintiff’s right of way, as used. The defendant disclaimed title for all of said lot, except a strip about six feet in width, upon a portion of which his house was erected, the balance being enclosed by a fence which had been erected by his…
2Cases cited5 opinions
- Covert v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1903
- Penna. R. v. Bor. of FreeportSupreme Court of Pennsylvania · 1890
- Plymouth Railroad v. Colwell & JacobySupreme Court of Pennsylvania · 1861
- Reading Co. v. SeipSuperior Court of Pennsylvania · 1906
- Hughs v. PickeringSupreme Court of Pennsylvania · 1850