Philadelphia, Germantown & Norristown Rail-road v. Smick
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas for the City and County of Philadelphia. By an act of the legislature of Pennsylvania, passed on the 17th day of February, 1831, a company was incorporated for the purpose of making a rail-road from the city of Philadelphia to the borough of Norristown.
Read the full summary
Writ of error to the Court of Common Pleas for the City and County of Philadelphia. By an act of the legislature of Pennsylvania, passed on the 17th day of February, 1831, a company was incorporated for the purpose of making a rail-road from the city of Philadelphia to the borough of Norristown. The 15th section provided that whenever it should be necessary for the officers of the company to enter upon and occupy any land for the purposes of the road, if the owner of the land should refuse to permit the entry, and the parties should not ■be able to agree on the compensation to be made, it…
1Per curiam
It was unnecessary to direct an issue at all; and the order to declare in trespass was, at the worst, no more than surplusage. The jury might have assessed the damages on the foot of the appeal. But even were an issue necessary, its form would necessarily be a matter within the discretion of the Court directing it; and it would be hard to devise a more convenient form than the one adopted. The form, however, would not be suffered to stand in the way of the merits. In the actions brought against the state, by Pennsylvania claimants, whose titles had been divested in favour of the Connecticut…
2Cited by1 opinion
- Klenke v. West Homestead BoroughSupreme Court of Pennsylvania · 1907