Legal Opinion

Graham v. Carnegie Steel Co.

Supreme Court of Pennsylvania

Decided January 7, 1907No. Appeal, No. 180PublishedCited by 10 opinions

Appeal, No. 180, Oct. T., 1906, by defendant, from decree of O. P. No. 2, Allegheny Co., April Term, 1904, No. 375, on bill in equity in case of Harry J. Graham v. Carnegie Steel Company, a corporation, Union Railroad Company, Monongahela Southern Railroad Company and Carnegie Steel Company, Limited. Bill in equity to reform a deed. The facts are stated in the opinion of the Supreme Court. Error assigned was decree reforming the deed.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The bill filed in this case was to compel the removal of obstructions from the plaintiff’s right of way over the land of the defendant. An amendment was allowed in which it was averred that by mutual mistake of the parties to the deed reserving the right of way, the words “nine degrees” were used instead of the words “nine per cent” in describing the grade of the way, and there was a prayer added for the reformation of the deed. In 1896 Mary Oliver conveyed to the Carnegie Steel Company, Limited, one of the defendants, a tract of about thirty-nine acres of land,…

2Cases cited3 opinions

  1. Boyertown National Bank v. HartmanSupreme Court of Pennsylvania · 1892
  2. Highlands v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1904
  3. Edmonds's AppealSupreme Court of Pennsylvania · 1868

3Cited by10 opinions

  1. Broida v. Travelers InsuranceSupreme Court of Pennsylvania · 1934
  2. Waslee v. RossmanSupreme Court of Pennsylvania · 1911
  3. Bosler v. Sun Oil CompanySupreme Court of Pennsylvania · 1936
  4. Seaboard Radio Broadcasting Corp. v. YasskySuperior Court of Pennsylvania · 1954
  5. Miller v. HouseworthSupreme Court of Pennsylvania · 1956

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