Legal Opinion

Fischer v. Catawissa Railroad

Supreme Court of Pennsylvania

Decided May 25, 1896No. Appeal, No. 345PublishedCited by 15 opinions

Appeal, No. 345, Jan. T., 1895,. by plaintiff, from order of C. P. Lycoming Co., June T., 1893, No. 390, permitting condemnation proceedings to be discontinued. Petition to discontinue condemnation proceedings. Before Wickham, P. J., of the 36th judicial district, specially presiding. The facts appear by the opinion of the Supreme Court. Error assigned was order permitting the railroad company to discontinue the proceedings.

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This case came into the court below on plaintiff’s appeal from the award of viewers assessing his damages for land taken by *557the Catawissa Railroad Company, one of the defendants, for the purpose of constructing additional tracks and sidings.

The strip of land, for the taking of which said damages were assessed, is the same land for which the plaintiff had previously (October, 1892) brought an action of ejectment against the defendant companies above named. That case, having been put at issue, was set down for trial at the next ensuing May term of court. On…

2Cases cited4 opinions

  1. Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
  2. Wood v. Trustees of State Hospital for the InsaneSupreme Court of Pennsylvania · 1894
  3. Fries v. Southern Pennsylvania Railroad & Mining Co.Supreme Court of Pennsylvania · 1877
  4. Appeal of HoffmanSupreme Court of Pennsylvania · 1888

3Cited by15 opinions

  1. Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
  2. Speer v. Monongahela Railroad Co.Supreme Court of Pennsylvania · 1916
  3. Ferguson v. Pittsburgh & Shawmut RailroadSupreme Court of Pennsylvania · 1916
  4. Underwood v. Pennsylvania, Monongahela & Southern RailroadSupreme Court of Pennsylvania · 1917
  5. Citizens Electric Co. v. Susquehanna Boom Co.Supreme Court of Pennsylvania · 1910

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