Delaware, Lackawanna & Western Railroad v. Tobyhanna Co.
Supreme Court of Pennsylvania
Appeals, Nos. 44 and 32, Jan. T., 1911, by plaintiff and defendant, respectively, from judgment of C. P. Monroe Co., Dee. T., 1907, No. 22 on verdict for plaintiff in case of The Delaware, Lackawanna & Western Railroad Company v. The Tobyhanna Company, Limited. Ejectment for land in Coolbaugh township. Before Staples, P. J. This appeal is from a retrial after a reversal of a former judgment in favor of the plaintiff.
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Appeals, Nos. 44 and 32, Jan. T., 1911, by plaintiff and defendant, respectively, from judgment of C. P. Monroe Co., Dee. T., 1907, No. 22 on verdict for plaintiff in case of The Delaware, Lackawanna & Western Railroad Company v. The Tobyhanna Company, Limited. Ejectment for land in Coolbaugh township. Before Staples, P. J. This appeal is from a retrial after a reversal of a former judgment in favor of the plaintiff. See 228 Pa. 487. The facts are stated in the opinion of the Supreme Court, and in the report of the former appeal. Plaintiff presented the following points: 1. The land claimed…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
If the record in the first of these appeals discloses any material fact that was not considered, or any question that was not decided when the case was before us in the former appeal reported in 228 Pa. 487, it has escaped us. We see no ground whatever for misapprehension of what was there decided; but inasmuch as the “tremendous importance of the question raised not only to the plaintiff, but to all the railroads' of Pennsylvania” is urged upon us, we shall endeavor to restate what was there decided in a way which will remove all possible ground for…
2Cases cited3 opinions
- Delaware, Lackawanna & Western Railroad v. Tobyhanna Co.Supreme Court of Pennsylvania · 1910
- Robinson v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1894
- Shamokin Valley Railroad v. LivermoreSupreme Court of Pennsylvania · 1864
3Cited by4 opinions
- A. D. Graham & Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1943
- Conwell v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1913
- Blair v. Pennsylvania Turnpike CommissionSuperior Court of Pennsylvania · 1943
- M. Lurio & Brother v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Lancaster County1930