Gorgas v. Phila. R.
Pennsylvania Court of Common Pleas, Cumberland County
Argued April 28, 1891 No. 379 January Term 1891, Sup. Cfc.; court below, No. 79 November Term 1890, C. P. On September' 23, 1890, the Philadelphia, Harrisburg & Pittsburgh Railroad Company filed a petition praying for the appointment of viewers to assess damages arising from the location and construction of the petitioner’s railroad through a tract of land owned by William R. Gorgas, in Lower Allen township.
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Argued April 28, 1891 No. 379 January Term 1891, Sup. Cfc.; court below, No. 79 November Term 1890, C. P. On September' 23, 1890, the Philadelphia, Harrisburg & Pittsburgh Railroad Company filed a petition praying for the appointment of viewers to assess damages arising from the location and construction of the petitioner’s railroad through a tract of land owned by William R. Gorgas, in Lower Allen township. Viewers appointed having made a report assessing damages at $2,000, Mr. Gorgas appealed from the award, and the case was put at issue in the form of an action of trespass, the landowner…
1Opinion of the Court
Opinion,
Mr. Chiee Justice Paxson:
The defendant company took about five acres of the plaintiff’s land in the construction of its road. The jury appointed by the court below to assess the damages awarded him the sum 'of $2,000. From this award he appealed to the Common Pleas, with the result of a verdict in his favor of $2,885. He is still dissatisfied, and has entered an appeal to this court, alleging a number of errors upon the trial below.
*11The first point was intended to define the “ just measure of damages.” It contains eleven paragraphs, in each of which is a distinct subject for the…
2Cases cited4 opinions
- Flower v. BaltimoreSupreme Court of Pennsylvania · 1890
- Krumbhaar v. BirchSupreme Court of Pennsylvania · 1877
- Dorian v. East Brandywine & Waynesburg RailroadSupreme Court of Pennsylvania · 1864
- Traut v. New York, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1888
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- Lobozzo v. Adam Eidemiller, Inc.Supreme Court of Pennsylvania · 1970
- Saganowich v. HachikianSupreme Court of Pennsylvania · 1943
- Wadsworth v. Manufacturer's Water Co.Supreme Court of Pennsylvania · 1917
- Hall v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1918
- Mahaffey v. Beech Creek R. R.Supreme Court of Pennsylvania · 1894
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