Semple v. Cleveland & Pittsburg Railroad
Supreme Court of Pennsylvania
Appeal, No. 185, Oct. T., 1895, by plaintiff, from decree of C. P. Beaver Co., June T., 1891, No. 1, on bill in equity. Bill in equity to restrain condemnation proceedings.
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Appeal, No. 185, Oct. T., 1895, by plaintiff, from decree of C. P. Beaver Co., June T., 1891, No. 1, on bill in equity. Bill in equity to restrain condemnation proceedings. On May 22,1856, Susan Smith and others, plaintiff’s predecessors in title, entered into a written contract with the Cleveland & Pittsburg Railroad Company, by which in consideration of a right through their land for a distance of fourteen hundred feet, and land for a woodhouse and watertank, and water from a spring, the railroad company covenanted as follows: “ And the second party (railroad company) to these presents does…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The facts in this case are novel and the legal question raised upon them has not, so far as I am aware, been passed upon in any reported case. It seems that when the defendant company located the route for its railroad it was so located as to pass for the distance of fourteen hundred feet over the farm then held by the plaintiff’s predecessors in title. The company desired to secure upon the same farm a piece of land on which to build a woodhouse, another on which to build a watertank, and a supply of water from the spring that furnished the dwelling house, to…
2Cases cited2 opinions
- Fries v. Southern Pennsylvania Railroad & Mining Co.Supreme Court of Pennsylvania · 1877
- Wadhams v. Lackawanna & Bloomsburg RailroadSupreme Court of Pennsylvania · 1862
3Cited by9 opinions
- Heilwood Fuel Co. v. Manor Real Estate Co.Supreme Court of Pennsylvania · 1961
- Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1924
- Katharine Water Co.Superior Court of Pennsylvania · 1906
- Valley Smokeless Coal Co. v. Manufacturers' Water Co.Supreme Court of Pennsylvania · 1930
- Freeport Brick Co. v. Equitable Gas Co.Supreme Court of Pennsylvania · 1924
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