Legal Opinion

Seitz v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeal, No. 19PublishedCited by 11 opinions

Appeal, No. 19, Oct. T., 1921, by plaintiff, from order of C. P. Armstrong Co., March T., 1917, No. 99, entering judgment for defendant n. o. v., in case of K. T. Seitz v. Pennsylvania Railroad Co. Ejectment. Before King, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff. Judgment for defendant n. o. v. Error assigned, inter alia, was judgment, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

Plaintiff sues in ejectment to recover the southern part of lot No. 42 in Freeport, Armstrong County; the *85line in dispute is the southern boundary. When the State built the canal through Freeport it condemned and occupied the land necessary for canal purposes, taking part of lot No. 42. The main canal occupied Walnut Alley, the then southern boundary of this lot, and part of the lot. A lock, with masonry sides and wing walls, forming part of the canal, to raise and lower boats, was constructed at the southern end of the lot, and a wasteway, with log and board…

2Cases cited2 opinions

  1. Pennsylvania Canal Co. v. HarrisSupreme Court of Pennsylvania · 1882
  2. Rodgers v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1917

3Cited by11 opinions

  1. Hallman v. TurnsSupreme Court of Pennsylvania · 1984
  2. Baxter v. Girard Trust Co.Supreme Court of Pennsylvania · 1926
  3. Grace Building Co. v. ParchinskiCommonwealth Court of Pennsylvania · 1983
  4. Garratt v. McCrady Construction Co.Superior Court of Pennsylvania · 1934
  5. Skillman v. MagillSuperior Court of Pennsylvania · 1929

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