Dorian v. East Brandywine & Waynesburg Railroad
Supreme Court of Pennsylvania
Error to the Common. Pleas of Chester county. This was an appeal from the assessment damages made by a jury appointed on the petition of The East Brandywine and Waynesburg Railroad Company, to appraise the damages occasioned by the construction of their road through the lands of Samuel B. Dorian. The issue was framed upon a declaration in trespass, filed by Mr. Dorian, and a plea of not guilty filed by the company as defendants.
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Error to the Common. Pleas of Chester county. This was an appeal from the assessment damages made by a jury appointed on the petition of The East Brandywine and Waynesburg Railroad Company, to appraise the damages occasioned by the construction of their road through the lands of Samuel B. Dorian. The issue was framed upon a declaration in trespass, filed by Mr. Dorian, and a plea of not guilty filed by the company as defendants. Damages were claimed for the land taken by the company, and for the alleged injury done to plaintiff’s farm, buildings, paper-mills, and water-power by the…
1Opinion of the Court
The opinion of the court was delivered, February 25th 1864, by
Strong, J.
The case in the court below was an from an assessment of damages caused by the location and construction of a railroad through the lands of the plaintiff, and the exceptions urged here all relate to the matters proper to bo considered in estimating the damages sustained. From the evidence it appears, that upon the plaintiff’s land there is a water-power, partly improved, by which his mills are driven. It is the power of Marsh creek. Across this creek, at some distance above its point of discharge into the Brandywine, a…
2Cited by5 opinions
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- Swank v. Carnegie Natural Gas Co.Superior Court of Pennsylvania · 1897