Foehr v. New York Short Line Railroad
Superior Court of Pennsylvania
Appeal, No. 1, Oct. T., 1908, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1906, No. 931, on verdict for plaintiff in case of William Foehr v. New York Short Line Railroad Company. Trespass to recover damages for injuries alleged to have been sustained by the obstruction of a private road by reason of the building of a railroad bridge.
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Appeal, No. 1, Oct. T., 1908, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1906, No. 931, on verdict for plaintiff in case of William Foehr v. New York Short Line Railroad Company. Trespass to recover damages for injuries alleged to have been sustained by the obstruction of a private road by reason of the building of a railroad bridge. Before Kinsey, J. At the trial when plaintiff was on the stand he was asked this question: “Q. How much of your produce were you able to get out in that summer compared with the total bulk?” Mr. Lamb: I object on the ground that although he…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff’s right of way, which he claims was the only available way he had for hauling the products of his farm to the public highway and thence to market, was derived by grant from Clara Murray of “the free use and privilege of a roadway as now laid out about fifty feet wide between and from the farm land of said William Foehr,” beginning at the plaintiff’s land at a point on the north side of Pennypack creek, “thence up the said creek the several courses on the brink thereof” to a certain mill ?ace and thence “up the several courses thereof” to the public highway…
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