Pettit v. Jamestown & Franklin Railroad
Supreme Court of Pennsylvania
Appeal, No. 219, Oct. T., 1908, by plaintiff, from judgment of C. P. Venango Co., Aug. T., 1907, No. 72, on verdict for defendant in case of Joseph Pettit v. Jamestown & Franklin Railroad Company. Trespass to recover damages for injuries to land caused by the removal of lateral support. Before Criswell, P. J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 219, Oct. T., 1908, by plaintiff, from judgment of C. P. Venango Co., Aug. T., 1907, No. 72, on verdict for defendant in case of Joseph Pettit v. Jamestown & Franklin Railroad Company. Trespass to recover damages for injuries to land caused by the removal of lateral support. Before Criswell, P. J. The facts are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of trespass brought by the plaintiff to recover damages from the defendant for injuries which he alleges he sustained by reason of the removal of the lateral support from his land. The court directed a verdict for the defendant and judgment having been entered thereon, the plaintiff has taken this appeal.
In the year 1905 the estate of S. P. McCahnónt, deceased, was the owner of several tracts of land in Venango county, one of which lay along the Allegheny river and contained about 135 acres. By deed dated January 23, 1905, McCalmont’s…
2Cases cited5 opinions
- Hendler v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1904
- McGettigan v. PottsSupreme Court of Pennsylvania · 1892
- Farrand v. MarshallNew York Supreme Court · 1853
- North & West Branch Railway Co. v. SwankSupreme Court of Pennsylvania · 1884
- Rudolph v. Pennsylvania Schuylkill Valley RailroadSupreme Court of Pennsylvania · 1898
3Cited by6 opinions
- Chesapeake & Ohio Railway Co. v. MayCourt of Appeals of Kentucky · 1914
- Valley Smokeless Coal Co. v. Manufacturers' Water Co.Supreme Court of Pennsylvania · 1928
- Freseman v. PurvisSuperior Court of Pennsylvania · 1912
- Pamplin v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1919
- Sturgeon v. Borough of OakdaleSuperior Court of Pennsylvania · 1921
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