North & West Branch Railway Co. v. Swank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Columbia county: Of January Term, 1884, No. 79. This case arose upon the petition of Jacob Swank for the appointment of viewers to assess the damages for land taken by the North and West Branch Railway Company in the construction of their road.
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Error to the Court of Common Pleas of Columbia county: Of January Term, 1884, No. 79. This case arose upon the petition of Jacob Swank for the appointment of viewers to assess the damages for land taken by the North and West Branch Railway Company in the construction of their road. The railroad company having appealed from the assessment of damages made by the viewers so appointed, an issue was formed, and on the trial thereof before Elwell, P. J., the facts appeared as follows: The North and West Branch Railroad Company was incorporated by Act of 13th May, 1871 (P. L., 814), for the…
1Opinion of the CourtJustice Trunkey
By the contract Swank agreed that the Railway Company should have -the right of way through his land, and if the parties could not agree as to the amount of damage, it should be referred to E. M. Tewksbury; and furthermore agreed to sell the right of waj along the river bank for two hundred dollars per acre for tillable land, and release the river bank ; or for two hundred and fifty dollars per acre if they go back from the river.
No part of this contract is rendered immaterial or insensible by giving the other parts their legal and ordinary interpretation. The sale of the right of way is…
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