Legal Opinion

Western New York & Pennsylvania Railway Co. v. Vulcan Foundry & Machine Co.

Supreme Court of Pennsylvania

Decided January 3, 1916No. Appeal, No. 29PublishedCited by 7 opinions

Appeal, No. 29, Oct. T., 1915, by defendants, from judgment of O. P. Lawrence Co., March T., 1901, No. 89, on verdict for plaintiffs, in case of Western New York and Pennsylvania Railway Company and Pennsylvania Company v. Vulcan Foundry & Machine Company, Adrian Realty Company Intervening. Ejectment to recover land in Lawrence County. Before Hinckley, P. J., specially presiding. The opinion of the Supreme Court states the facts.

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Appeal, No. 29, Oct. T., 1915, by defendants, from judgment of O. P. Lawrence Co., March T., 1901, No. 89, on verdict for plaintiffs, in case of Western New York and Pennsylvania Railway Company and Pennsylvania Company v. Vulcan Foundry & Machine Company, Adrian Realty Company Intervening. Ejectment to recover land in Lawrence County. Before Hinckley, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiffs for the land in suit and judgment thereon. Defendants appealed. Errors assigned were rulings on evidence, instructions to the jury, the…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

This is an action of ejectment to recover possession of land adjoining the tracks of the Western New York and Pennsylvania Railway Company in the City of New Castle. The land in dispute is a small triangular piece which plaintiffs claim is included in their ninety foot wide right of way. Defendants also claim title to the property and aver actual possession by them and their predecessors in title from 1878 to the time this proceeding was instituted. At the trial, plaintiffs having proved title out of the Commonwealth to one James M. Craig offered in evidence the…

2Cases cited3 opinions

  1. Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
  2. Conwell v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1913
  3. Stofflit v. TroxellSupreme Court of Pennsylvania · 1845

3Cited by7 opinions

  1. Commonwealth, Department of Transportation v. J. W. Bishop & Co.Supreme Court of Pennsylvania · 1981
  2. Hostetter v. CommonwealthSupreme Court of Pennsylvania · 1951
  3. Lenhart v. WrightSupreme Court of Pennsylvania · 1926
  4. Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
  5. NELSON BY NELSON v. DibbleSupreme Court of Pennsylvania · 1986

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