Pittsburgh, Chartiers, & Youghiogheny R. Co. v. Moses
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, Allegheny County to review a judgment for plaintiff in an action to recover damages for personal injuries. The Pittsburgh, Chartiers, & Youghiogheny Railway Com.pany, in extending its connections, found it necessary, in July, 1883, to build a track from its main line to the Ohio river, in Allegheny county.
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Error to the Court of Common Pleas, No. 1, Allegheny County to review a judgment for plaintiff in an action to recover damages for personal injuries. The Pittsburgh, Chartiers, & Youghiogheny Railway Com.pany, in extending its connections, found it necessary, in July, 1883, to build a track from its main line to the Ohio river, in Allegheny county. On the edge of the river bank was an old road, claimed by defendant in error to he a township road, but claimed by the company to be a roadway for the use of the tenants of certain farms in the neighborhood. The old roadbed was cut across…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen:
It seems to us the learned court below defined with great care and perfect accuracy the limitations of the defendant’s liability. The company had constructed a new road to take the place of an old one in use for many years. It was mooted whether the old road was a public or a private road, and that question was left to the jury with proper instructions, and of this there is no complaint. The jury found that the road was a public road, used by prescription for more than twenty-one years, and there was sufficient evidence to sustain this finding.
That the defendant…
2Cases cited3 opinions
- Inhabitants of Veazie v. Penobscot RailroadSupreme Judicial Court of Maine · 1860
- Atlanta & Richmond Air Line Railroad v. WoodSupreme Court of Georgia · 1873
- Township of Aston v. McClureSupreme Court of Pennsylvania · 1883
3Cited by7 opinions
- State v. Widow & Heirs of PoydrasSupreme Court of Louisiana · 1854
- Isaac v. Town of QueensburyAppellate Division of the Supreme Court of the State of New York · 1936
- County Court of Wetzel County v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1916
- Burger v. AstrueDistrict Court, C.D. California · 2008
- Dreibholz v. FisherLouisiana Court of Appeal · 1915
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