Legal Opinion

Leaf v. Pennsylvania Co.

Supreme Court of Pennsylvania

Decided December 31, 1920No. Appeal, No. 46PublishedCited by 13 opinions

Appeal, No. 46, Oct. T., 1920, by plaintiff, from judgment of O. P. Beaver Co., Dec. T., 1916, No. 405, on verdict for plaintiff, in case of James P. Leaf et al., executors of Milton S. Marquis, deceased, v. Pennsylvania Company, operating Cleveland & Pittsburgh Railroad. Feigned issue to determine damages for land taken in widening railroad company’s right-of-way. Before Baldwin, P. J. The opinion of the Supreme Court states the facts.

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Appeal, No. 46, Oct. T., 1920, by plaintiff, from judgment of O. P. Beaver Co., Dec. T., 1916, No. 405, on verdict for plaintiff, in case of James P. Leaf et al., executors of Milton S. Marquis, deceased, v. Pennsylvania Company, operating Cleveland & Pittsburgh Railroad. Feigned issue to determine damages for land taken in widening railroad company’s right-of-way. Before Baldwin, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $4,750. Plaintiff appealed. Errors assigned were various instructions and rulings appearing by the opinion of the…

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

Appellants were the owners of a piece of land situate on an island in the Ohio river at the mouth of Beaver creek, Beaver County. Appellee, for the purpose of widening its railroad, appropriated a part of this land alongside of its right-of-way, and appellants (landowners), being dissatisfied with the verdict and judgment, took this appeal.

Complaint is made of the denial of the right to bring out by cross-examination the price paid some time before for a part of this same piece of land, by this company. The witness was being examined preliminarily, to test his…

2Cases cited5 opinions

  1. Fulmer v. WilliamsSupreme Court of Pennsylvania · 1888
  2. Coovert v. O'ConnerSupreme Court of Pennsylvania · 1839
  3. Wood v. AppalSupreme Court of Pennsylvania · 1870
  4. Palmer v. FarrellSupreme Court of Pennsylvania · 1889
  5. Johns v. DavidsonSupreme Court of Pennsylvania · 1851

3Cited by13 opinions

  1. Berger v. Public Parking Authority of PittsburghSupreme Court of Pennsylvania · 1954
  2. Avins v. CommonwealthSupreme Court of Pennsylvania · 1954
  3. Crumrine v. Washington County Housing AuthoritySupreme Court of Pennsylvania · 1954
  4. Brown & Vaughn Development Co. v. CommonwealthSupreme Court of Pennsylvania · 1958
  5. Lakeside Park Co. v. ForsmarkSupreme Court of Pennsylvania · 1959

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