Montgomery v. Southern Mutual Insurance
Supreme Court of Pennsylvania
Appeal, No. 22, Jan. T., 1913, by plaintiffs, from judgment of C. P. Lancaster Co., Jan. T., 1906, No. 28, in favor of defendant n. o. v. in case of Isaac Montgomery and S. Emma Williams, Administrators of Isaac Montgomery, deceased; Sarah Montgomery, widow, and S. Emma Williams, Isaac Montgomery, Jr., James Montgomery, Jr., Mary Elizabeth Chamberlain, Ruth A. Conner, and F. Marian Fritz, Heirs of Isaac Montgomery, deceased, v. The Southern Mutual Insurance Company, of…
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Appeal, No. 22, Jan. T., 1913, by plaintiffs, from judgment of C. P. Lancaster Co., Jan. T., 1906, No. 28, in favor of defendant n. o. v. in case of Isaac Montgomery and S. Emma Williams, Administrators of Isaac Montgomery, deceased; Sarah Montgomery, widow, and S. Emma Williams, Isaac Montgomery, Jr., James Montgomery, Jr., Mary Elizabeth Chamberlain, Ruth A. Conner, and F. Marian Fritz, Heirs of Isaac Montgomery, deceased, v. The Southern Mutual Insurance Company, of Lancaster County. Assumpsit to recover upon a policy of fire insurance. Before Landis, P. J. The opinion of the Supreme Court…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Isaac Montgomery was the owner of a farm in Eden Township, Lancaster County. He died February 27, 1904. On July 1,1903, the Pennsylvania Railroad Company, under its right of eminent domain, appropriated for a roadbed for its low-grade road a strip of land extending through the said farm for a distance of about 1,500 feet and of a width of about 180 feet. The south line of the right of way passed through a tobacco shed, leaving a portion of it on the company’s right of way and the balance on Montgomery’s land. In 1905 the railroad company was engaged in constructing…
2Cases cited10 opinions
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- National Bank v. Watsontown BankSupreme Court of the United States · 1882
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
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3Cited by2 opinions
- Keystone Lumber Co. v. Security Mutual Casualty Co.Superior Court of Pennsylvania · 1931
- Oakdale Baking Co. v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914