Legal Opinion

Penn. Schuyl. V. R. v. Ziemer

Supreme Court of Pennsylvania

Decided March 18, 1889PublishedCited by 20 opinions

ERROR TO THE COURT OE COMMON PLEAS OE BERKS COUNTY. No. 322 January Term 1888, Sup. Ct.; court below, No. 45 January Term 1886, C. P. On December 25, 1885, Margaret Ziemer, widow, and five others who were the heirs at law of Samuel Ziemer, deceased, brought an action on the case against the Pennsylvania Schuylkill Yalley Railroad Company, to recover damages for injuries to their property caused by the construction of the defendant company’s railroad.

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ERROR TO THE COURT OE COMMON PLEAS OE BERKS COUNTY. No. 322 January Term 1888, Sup. Ct.; court below, No. 45 January Term 1886, C. P. On December 25, 1885, Margaret Ziemer, widow, and five others who were the heirs at law of Samuel Ziemer, deceased, brought an action on the case against the Pennsylvania Schuylkill Yalley Railroad Company, to recover damages for injuries to their property caused by the construction of the defendant company’s railroad. The plaintiff’s narr ivas not printed in the paper books. Issue. At the trial on October 20, 1887, it was shown that Samuel Ziemer died on June…

1Opinion of the Court

Opinion,

Me. Chief Justice Paxson :

This was an action brought in the court below against the railroad company by the widow and heirs of Samuel Ziemer, to recover damages for what are known as consequential injuries, resulting from the construction of defendant’s road.

The plaintiffs are the owners of a property situate on the corner of Canal and Bingaman streets, in the city of Reading. The road of the defendant company has been constructed at grade over the said Canal street, in front of plaintiffs’ property. The road takes a part of the pavement, and the track is within about twenty feet of…

2Cases cited3 opinions

  1. Old Colony Railroad v. MillerMassachusetts Supreme Judicial Court · 1878
  2. Beale v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1878
  3. Delaware, Lackawanna & Western Railroad v. BursonSupreme Court of Pennsylvania · 1869

3Cited by20 opinions

  1. In re Melon StreetSupreme Court of Pennsylvania · 1897
  2. Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
  3. Simons v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1905
  4. Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
  5. Wadsworth v. Manufacturer's Water Co.Supreme Court of Pennsylvania · 1917

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