Pennsylvania Railroad v. Eby
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term, 1884, No. 3. Trespass quare clausum fregit, by W. PI. Eby against the Pennsylvania Railroad Company, to recover damages for the entry by the defendants on a certain coal yard leased by the plaintiff, and appropriating part of the same for railroad purposes.
Read the full summary
Error to the Court of Common Pleas of Dauphin county: Of May Term, 1884, No. 3. Trespass quare clausum fregit, by W. PI. Eby against the Pennsylvania Railroad Company, to recover damages for the entry by the defendants on a certain coal yard leased by the plaintiff, and appropriating part of the same for railroad purposes. On the trial, the following facts appeared: In January, 1880, one George W. Harris was, or claimed to be, owner of a strip of land in the city of Harrisburg, about 1200 feet long and 50 feet wide. The land was bounded on the east by the Pennsylvania canal and on the west by…
1Opinion of the CourtJustice TruNKEY
Neither the Act of April 13th, 1846, nor the Act of March 17th, 1869, provides that the tender of a bond to and acceptance by the lessor, or the approval of a bond to the lessor by the proper court, authorizes the Pennsylvania Railroad Company to enter upon laud in possession of the lessee. By the former Act, before land can be taken the bond must be made “ to the party claiming the damages,” and by the latter to the “ owner or owners thereof or parties interested therein.” Eby *172was in actual possession, and that was notice to the company of his interest in the land. A tenant is an owner or…
2Cases cited1 opinion
- Richardson v. Lessee of StewartSupreme Court of Pennsylvania · 1811
3Cited by6 opinions
- Iron City Automobile Co. v. City of PittsburghSupreme Court of Pennsylvania · 1916
- Becker v. Philadelphia & Reading Terminal RailroadSupreme Court of Pennsylvania · 1896
- Regina v. Monroe CountySupreme Court of Pennsylvania · 1935
- Pennsylvania Co. v. ColeU.S. Circuit Court for the District of Indiana · 1904
- Consolidated Ice Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
1 more not listed; retrieve them via the Exa API.