Ridgway v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 338, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1910, No. 3066, sustaining demurrer to plaintiff’s statement of claim in case of Barzillai Ridgway v. Philadelphia and Reading Railway Company. Trespass to recover damages suffered by plaintiff for depreciation in value of his property caused by the elevation of tracks of defendant company. Before Staake, J. The opinion of the Supreme Court states the case.
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Appeal, No. 338, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1910, No. 3066, sustaining demurrer to plaintiff’s statement of claim in case of Barzillai Ridgway v. Philadelphia and Reading Railway Company. Trespass to recover damages suffered by plaintiff for depreciation in value of his property caused by the elevation of tracks of defendant company. Before Staake, J. The opinion of the Supreme Court states the case. Defendant demurred* to the statement of claim. The court sustained the demurrer. Plaintiff appealed. Error assigned was in sustaining…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This appeal might very well be dismissed on the ground that the assignments of error are not in proper form under our rules. They do not set out in the words of the court the order sustaining the demurrer or the judgment from which the appeal was taken. We have had occasion to say in several recent cases that an assignment is not sufficient which simply avers in the language of counsel that the trial court erred in respect *284to the matter about which complaint is made. The assignments must set out in the exact language of the court, the judgment, decree, order,…
2Cases cited5 opinions
- Prenatt v. Messenger Printing Co.Supreme Court of Pennsylvania · 1913
- Conwell v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1913
- Witmer v. Bessemer & Lake Erie R. R.Supreme Court of Pennsylvania · 1913
- Streng v. Buck Run Coal Co.Supreme Court of Pennsylvania · 1913
- Lehigh & New England R. R. v. Delaware, L. & W. R. R.Supreme Court of Pennsylvania · 1913
3Cited by9 opinions
- Delaware River Joint Toll Bridge Commission v. ColburnSupreme Court of the United States · 1940
- Hoffer v. Reading Co.Supreme Court of Pennsylvania · 1926
- Pfaff v. BaconSupreme Court of Pennsylvania · 1915
- Berkwitz v. HumphreyDistrict Court, N.D. Ohio · 1958
- Commonwealth v. Traders & Mechanics BankSupreme Court of Pennsylvania · 1920
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