Legal Opinion

Achenbach v. Slate Belt Telephone & Telegraph Co.

Superior Court of Pennsylvania

Decided February 28, 1920No. Appeal, No. 5PublishedCited by 4 opinions

Appeal, No. 5, Oct. T., 1919, by defendant, from judgment of C. P. Northampton Co., November Term, 1916, No. 54, on verdict for plaintiff in the case of Lewis Achenbach v. Slate Belt Telephone & Telegraph Company. Appeal from award of viewers. Before McKeen, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $180, and judgment thereon. Defendant appealed.

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Appeal, No. 5, Oct. T., 1919, by defendant, from judgment of C. P. Northampton Co., November Term, 1916, No. 54, on verdict for plaintiff in the case of Lewis Achenbach v. Slate Belt Telephone & Telegraph Company. Appeal from award of viewers. Before McKeen, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $180, and judgment thereon. Defendant appealed. Error assigned, among others, was the answer to defendant’s sixth point as quoted -in the opinion of the Superior Court and the charge of the court.

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff is the owner of a farm of about eighty acres situate in Plainfield Township, Northampton County. In September, 1916, the defendant, having first filed a bond, proceeded to construct a telephone line along a public highway running through plaintiff’s farm, viewers were appointed to assess the damages and an appeal having been taken from their award the trial in the court below resulted in a verdict in favor of the plaintiff, and from the judgment upon that verdict the defendant appeals.

The defendant introduced testimony tending to establish that the…

2Cases cited5 opinions

  1. Dawson v. PittsburghSupreme Court of Pennsylvania · 1893
  2. Setzler v. Pennsylvania Schuylkill Valley RailroadSupreme Court of Pennsylvania · 1884
  3. Mahaffey v. Beech Creek R. R.Supreme Court of Pennsylvania · 1894
  4. Aswell v. City of ScrantonSupreme Court of Pennsylvania · 1896
  5. Moore v. SchaferSuperior Court of Pennsylvania · 1901

3Cited by4 opinions

  1. Bell Telephone Co. v. North, Pennsylvania Court of Common Pleas, Warren County1960
  2. Sechler v. Commonwealth, Pennsylvania Court of Common Pleas, Somerset County1979
  3. Servedia v. Lawrence County, Pennsylvania Court of Common Pleas, Lawrence County1943
  4. Simon v. Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1960

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