Philadelphia & Erie Railroad v. Cake
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas of Northumberland county : Of May Term 1879, No. 92. The proceedings in the court below commenced by a petition for tne appointment of viewers to assess damages to the property of Henry L. Cake, by the Philadelphia & Erie Railroad Company. The case was before this court for review on a previous writ of error.
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Certiorari to the Court of Common Pleas of Northumberland county : Of May Term 1879, No. 92. The proceedings in the court below commenced by a petition for tne appointment of viewers to assess damages to the property of Henry L. Cake, by the Philadelphia & Erie Railroad Company. The case was before this court for review on a previous writ of error. (See Cake v. Philadelphia & Erie Railroad Company, 6 Norris 307.) The material facts in the case were as follows:— Henry L. Cake being the owner of thirteen contiguous lots, constituting together a square, bounded on the west by Railroad Avenue,…
1Opinion of the CourtJustice Paxson
The sixth assignment of error must be sustained. It sets forth that the court below erred in disallowing the seventh exception filed *144by the defendant. Said exception is as follows.; “ That the viewers do not state that in estimating and determining the damages, they had any regard to or made any just allowance for the advantages which may have resulted, or which may seem likely to result, to the said Henry L. Cake in consequence of the making or opening of said railroad, and of the construction of works connected therewith, nor that they made any fair or just comparison of the advantages' and…
2Cited by1 opinion
- McCandless Township AppealSupreme Court of Pennsylvania · 1962