Philadelphia & Reading Railroad v. Getz & Getz & Co.
Supreme Court of Pennsylvania
Error to the Court of Common. Pleas of Berks county: Of July Term 1885, No. 67. This was an appeal by the Philadelphia & Reading Railroad Company from the assessment of damages by a jury, appointed under the Act of February 19th, 1849, to assess the damages sustained by Hiram S. Getz, owner, and H. S. Getz & Co., lessees, for land taken by said railroad company for a siding or tracks under tlie right of eminent domain.
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Error to the Court of Common. Pleas of Berks county: Of July Term 1885, No. 67. This was an appeal by the Philadelphia & Reading Railroad Company from the assessment of damages by a jury, appointed under the Act of February 19th, 1849, to assess the damages sustained by Hiram S. Getz, owner, and H. S. Getz & Co., lessees, for land taken by said railroad company for a siding or tracks under tlie right of eminent domain. By agreement of the parties the appeal was put at issue under the form of an action of assumpsit in which Hiram S. Getz and II. S. Getz & Co. were plaintiffs, and the…
1Opinion of the CourtJustice Clark
Hiram S. Getz, one of the plaintiffs, is owner in fee of a lot of ground, at the southwest corner of Spruce and Carroll streets in the city of Reading, fronting one hundred and ten feet on the former, and eighty-one feet on the latter street, and having thereon erected a mill and machinery, used for sawing marble, and for the manufacture of marble products, to which business the lot was mainly devoted. A small triangular portion of this lot, covered by the marble mill on the corner of the streets named, was appropriated by the company for the use of its tracks, and it is claimed, on part of…
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