Glaser v. Glenwood Railroad
Supreme Court of Pennsylvania
Appeal, No. 42, Oct. T., 1903, by plaintiff, from decree of C. P. No. 3, Allegheny Co., Nov. T., 1902, No. 463, dismissing bill in equity in case of Rosanna Glaser v. Glenwood Railroad Company. Bill in equity for an injunction. The opinion of the Supreme Court states the case. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion op
Mr. Justice Dean,
The defendant company has appropriated under right of eminent domain the land of plaintiff occupied by her as a dwelling; the power to so appropriate is denied by her because, it is argued that the dwelling is -exempt from such appropriation under the general railroad act of 1849. But we have held in Dryden v. Railroad Company, ante, p. 316, that for purpose of widening its roadbed the power to appropriate a dwelling house is conferred upon the defendant company by the act of 1869. The same interpretation of that act rules this case.
It is further argued that the…
2Cases cited4 opinions
- Kip v. . New York and Harlem R.R. Co.New York Court of Appeals · 1876
- Chicago & Western Indiana Railroad v. Illinois Central RailroadIllinois Supreme Court · 1885
- Lower v. C., B. & Q. R.Supreme Court of Iowa · 1882
- In re New York, Lackawanna & Western RailwayNew York Court of Appeals · 1885
3Cited by2 opinions
- Lowe v. Indiana Hydro-Electric Power Co.Indiana Supreme Court · 1926
- Snyder v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1904