Gilmore v. Pittsburgh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: Of October Term 1883, No. 73. ’ This case arose upon a petition of the Pittsburgh, Virginia & Charleston E. E. Co., filed May 13th 1881, praying for appointment of viewers to assess damages occasioned, by its entering on and constructing its railroad through land belonging to Susanna Gilmore, in Carroll township, Washington county. The viewers so appointed awarded $550 damages, from which award an appeal was taken.
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Error to the Court of Common Pleas of Washington county: Of October Term 1883, No. 73. ’ This case arose upon a petition of the Pittsburgh, Virginia & Charleston E. E. Co., filed May 13th 1881, praying for appointment of viewers to assess damages occasioned, by its entering on and constructing its railroad through land belonging to Susanna Gilmore, in Carroll township, Washington county. The viewers so appointed awarded $550 damages, from which award an appeal was taken. In the issue framed thereon in which John Gilmore and Susanna, his wife, were plaintiffs, and the Pittsburgh, Virginia dc…
1Opinion of the Court
The opinion of the court was delivered January 7th 1S84, by
Mercur, C. J.
This case arises on a claim of plaintiffs to recover damages by reason of the construction of the defendants’ railroad on their land.
The evidence covered by the first specification of error was properly rejected. The offer contains three distinct propositions. 1. That the premises have been endangered from fire. 2. That the property is endangered by fire. 3. That since the road was operated, the fence on each side has several times been on fire. There is no offer to show that operating the railroad had caused the fire, or…
2Cases cited1 opinion
- Levering v. Philadelphia, Germantown & Norristown RailroadSupreme Court of Pennsylvania · 1844
3Cited by20 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
- Stinchcomb v. Oklahoma CitySupreme Court of Oklahoma · 1921
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