Erie & Pittsburgh Railroad v. Johnson
Supreme Court of Pennsylvania
Error to the court of Common Pleas of Mercer county: Of January Term 1882, No. 446. This was an action on the case brought by William F. Johnson against the Erie and Pittsburgh Railroad Company to recover damages for the non-fulfillment of an alleged contract made with him by the defendants to maintain fences along that portion of their road running through plaintiff’s farm.
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Error to the court of Common Pleas of Mercer county: Of January Term 1882, No. 446. This was an action on the case brought by William F. Johnson against the Erie and Pittsburgh Railroad Company to recover damages for the non-fulfillment of an alleged contract made with him by the defendants to maintain fences along that portion of their road running through plaintiff’s farm. On the trial, before McDermitt, P. J., the following facts appeared: In 1856 the Erie and North Eastern Railroad Company was incorporated, and under its Act of incorporation proceeded to complete the construction of a…
1Opinion of the CourtJustice Gordon
We cannot see that the plaintiff in error has much if any reason to complain of the charge or rulings of the learned judge of the court below. The first assignment is founded upon a mistake, perhaps of the stenographer, or if made by the judge, was a mere lapsus linguae which could not have misled the jury. The attention of that body had previously been called to the fact that the Erie & Pittsburgh Railroad Company was not incorporated until the 1st of April 1858, and that its organization must necessarily have occurred after that time. It was also instructed that if the alleged contract was…
2Cited by4 opinions
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- Snyder v. Bassler Limestone Co.Superior Court of Pennsylvania · 1917
- Wood v. SharplessSupreme Court of Pennsylvania · 1896