Pennsylvania Railroad v. First German Lutheran Congregation
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas of AllegTieMy county, to remove the proceedings for assessment of damages done by the Pennsylvania Railroad Company, in constructing a tunnel under the church property of The First German Evangelical Lutheran Congregation of Pittsburgh. By the 11th section of the Act of April 18th 1846, Pamph.
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Certiorari to the Court of Common Pleas of AllegTieMy county, to remove the proceedings for assessment of damages done by the Pennsylvania Railroad Company, in constructing a tunnel under the church property of The First German Evangelical Lutheran Congregation of Pittsburgh. By the 11th section of the Act of April 18th 1846, Pamph. L. 319, incorporating the Pennsylvania Railroad Company, the 'company is prohibited from “ passing through any burying-ground or place of public worship * * without consent of the owners thereof. By a supplement of April 23d 1864, Pamph. L. 535, it is enacted that…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The 1st assignment of error comprehends thirteen exceptions, which were all overruled by the court below. Most of them relate to the decision of the viewers upon the evidence and on the merits, and we are asked to consider them on the autho*449rity of Railroad Co. v. Heister, 8 Barr 445. That case really does not support the doctrine sought to be drawn from it. It admits the rule to be as set forth in Allison v. The Delaware and Schuylkill Canal Co., 5 Whart. 482, that this court cannot examine into the merits of the report of viewers, and places…
2Cases cited7 opinions
- Shortz v. QuigleySupreme Court of Pennsylvania · 1807
- Commonwealth v. M'AllisterSupreme Court of Pennsylvania · 1834
- Righter v. RittenhouseSupreme Court of Pennsylvania · 1832
- Miller v. SpreeherSupreme Court of Pennsylvania · 1796
- Allison v. Delaware & Schuylkill Canal Co.Supreme Court of Pennsylvania · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rimer's Contested Election. Geary's App'l.Supreme Court of Pennsylvania · 1934
- Grieb v. KuttnerSupreme Court of Pennsylvania · 1890
- Commonwealth v. LaytonSuperior Court of Pennsylvania · 1911
- Huntingdon County LineSuperior Court of Pennsylvania · 1898
- City of Monterey v. Del Monte Dunes at Monterey, Ltd.Supreme Court of the United States · 1999
2 more not listed; retrieve them via the Exa API.