Rodgers v. Pittsburgh, Fort Wayne & Chicago Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 240, Oct. T., 1915, by plaintiffs, from judgment of O. P. Allegheny Co., Dec. T., 1911, No. 432, on directed verdict for defendant, in case of William B. Rodgers and James H. Horner v. Pittsburgh, Fort Wayne & Chicago Railway Company, a Corporation, and the Pennsylvania Company, a Corporation. Ejectment-for a strip of land in Allegheny County. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon.
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Appeal, No. 240, Oct. T., 1915, by plaintiffs, from judgment of O. P. Allegheny Co., Dec. T., 1911, No. 432, on directed verdict for defendant, in case of William B. Rodgers and James H. Horner v. Pittsburgh, Fort Wayne & Chicago Railway Company, a Corporation, and the Pennsylvania Company, a Corporation. Ejectment-for a strip of land in Allegheny County. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiffs appealed. • Error assigned, among others, was in directing a verdict for defendant.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
In this ejectment both parties claim from Benjamin Dilworth as the common source of title. At the conclu-' sion of the testimony a verdict was directed for the defendants. At the time the learned trial judge affirmed defendants’ point for binding instructions, he gave no reason for so disposing of the case, but subsequently, in the opinion overruling plaintiffs’ motion for a new trial, the reasons are stated at length.
*464The land in controversy is claimed by the defendants as párt of their right of way, acquired from Benjamin Dilworth in 1850, by grant from him…
2Cases cited1 opinion
- Philadelphia & Reading Railroad v. ObertSupreme Court of Pennsylvania · 1885
3Cited by10 opinions
- Cincinnati, Richmond & Fort Wayne Railroad v. Cleveland, Cincinnati, Chicago & St. Louis RailroadIndiana Supreme Court · 1919
- Seitz v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1922
- Borough of Aliquippa v. Pittsburgh & Lake Erie RailroadSuperior Court of Pennsylvania · 1928
- Skillman v. MagillSuperior Court of Pennsylvania · 1929
- Lehigh Valley Rail Mgmt. LLC v. County of Northampton Revenue Appeals Board and County of Northampton ~ Appeal of: County of NorthamptonCommonwealth Court of Pennsylvania · 2018
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