Legal Opinion

Becker v. Lebanon & Myerstown Street Railway Co.

Superior Court of Pennsylvania

Decided April 23, 1906No. Appeal, No. 199PublishedCited by 2 opinions

Appeal, No. 199, Oct. T., 1905, by plaintiff, from judgment of C. P. Lebanon Co., Sept. T., 1900, No. 144, on verdict for plaintiff in case of John Adam Becker v. Lebanon & Myerstown Street Railway Company. Trespass for injuries to land caused by the construction of a street railway on a highway. Before Ehrgood, P. J. The court charged in part as follows: There are some facts in this case that are not disputed.

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Appeal, No. 199, Oct. T., 1905, by plaintiff, from judgment of C. P. Lebanon Co., Sept. T., 1900, No. 144, on verdict for plaintiff in case of John Adam Becker v. Lebanon & Myerstown Street Railway Company. Trespass for injuries to land caused by the construction of a street railway on a highway. Before Ehrgood, P. J. The court charged in part as follows: There are some facts in this case that are not disputed. The plaintiff, Mr. Becker, is the owner of a tract of land of eighteen acres some distance east of Avon, fronting on the south side of the Berks and Dauphin turnpike, a distance of…

1Opinion of the Court

Opinion by

Rice, P. J.,

There has heen much litigation between these parties growing out of the construction and operation of the defendant’s railway upon the turnpike in front of plaintiff’s premises. It began with a bill in equity praying for an injunction, filed by plaintiff in June, 1898, after the location and construction of the railway was begun, but before any work was done in front of his premises. The bill was dismissed for want of due prosecution, but in 1897, upon appeal to this court, the decree was reversed and the bill reinstated: Becker v. Lebanon & Myerstown St. Ry. Co., 4 Pa.…

2Cases cited12 opinions

  1. Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
  2. Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
  3. Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
  4. Carpenter v. LancasterSupreme Court of Pennsylvania · 1905
  5. Thompson v. Citizens Traction Co.Supreme Court of Pennsylvania · 1897

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
  2. Truby v. American Natural Gas Co.Superior Court of Pennsylvania · 1909

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