Philadelphia, Wilmington & Baltimore Railroad v. Williams
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action on the case by Samuel Williams and Ellen his wife, in her right, against The Philadelphia, Wilmington and Baltimore Railroad Company. The writ issued November 12th 1863. The plaintiffs declared for an injury by the construction of a railroad track by the defendants across an alley over which the wife had a right of way and watercourse, as appertenant to a lot owned by her.
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Error to the District Court of Philadelphia. This was an action on the case by Samuel Williams and Ellen his wife, in her right, against The Philadelphia, Wilmington and Baltimore Railroad Company. The writ issued November 12th 1863. The plaintiffs declared for an injury by the construction of a railroad track by the defendants across an alley over which the wife had a right of way and watercourse, as appertenant to a lot owned by her. On the 10th of February 1862, Edward Brady conveyed to Mrs. Williams, in fee, a house and lot on the east side of Clement street, which extends northward from…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
A parcel of ground adjacent to Prime street and Washington avenue was laid out into lots extending from Washington avenue up Clement street, leaving a strip four feet wide in the rear of the lots to be used by the lot owners as a passage out to Washington avenue. The deed conveying to Mrs. Ellen Williams one of these lots (No. 1023), granted also the free and common use, right, liberty and privilege of said four feet wide alley as and for a passage-way, and watercourse at all times hereafter for. ever, and subject to the payment of a…
2Cases cited1 opinion
- O'Connor v. O'ConnorSupreme Court of Pennsylvania · 1858
3Cited by12 opinions
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- First National Bank v. PaffSupreme Court of Pennsylvania · 1913
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
- Commonwealth v. RenickCommonwealth Court of Pennsylvania · 1975
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