Delaware, Lackawanna & Western Railroad v. Burson
Supreme Court of Pennsylvania
Error to the District Court of Carbon county: No. 326, to January Term 1869. The proceedings in this case were commenced in the Court of Common Pleas of Monroe county, for the assessment of damages for injury done by the Delaware, Lackawanna and Western Railroad Company in locating and constructing a railroad through the land of Deborah Burson and Danelia S. Burson.
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Error to the District Court of Carbon county: No. 326, to January Term 1869. The proceedings in this case were commenced in the Court of Common Pleas of Monroe county, for the assessment of damages for injury done by the Delaware, Lackawanna and Western Railroad Company in locating and constructing a railroad through the land of Deborah Burson and Danelia S. Burson. On the 1st of August 1861, they presented a petition to the court, setting out that the company about the 1st of August 1853, had located their road for about 120 perches through a tract of land belonging to the petitioners, and…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Thompson, C. J.
Following the order of the argument of the counsel for the plaintiff in error, we will first notice the 2d, 3d and 4th assignments of error. They relate to the plea of the Statute of Limitations, interposed to prevent the plaintiffs below from recovering or having an assessment of damages done *377their intestate’s property by the location and construction of the defendants’ railroad through and over it.
Without stating the points made in the court below, to raise the question, and with the simple remark that the counsel…
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- Lewis Clark County v. NettMontana Supreme Court · 1928
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