Davis v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 121, Oct. T., 1909, by plaintiff, from order of C. P. Lancaster Co., Trust Book No. 21, page 95, dismissing petition to appoint viewers to assess damages in case of Joseph W. Davis v. Pennsylvania Railroad Company. Petition for the appointment of viewers. Before Landis, P. J. The opinion of the Superior Court states the case. Error assigned was in dismissing the petition.
1Opinion of the Court
Opinion by
Head, J.,
The appellant owns and lives on a farm in Lancaster county through which the railroad company, the appellee, located and 'constructed one of its branch lines. As the line was con*120structed it passed through his land chiefly above or below the natural grade and thus cut it into two portions. The necessary land for the right of way was appropriated by the company under its right of eminent domain, and the damages therefor were in due time ascertained by the usual methods and have been paid.
Some time later the appellant began this proceeding by filing his petition in the court…
2Cases cited1 opinion
- Dubbs v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
3Cited by3 opinions
- Stoner v. Pittsburg, Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1911
- In re Unopened Portion of Lancaster AvenuePhiladelphia County Court of Quarter Sessions · 1937
- Schlott v. BoroughSuperior Court of Pennsylvania · 1912