Legal Opinion

McFadden v. Johnson

Supreme Court of Pennsylvania

Decided January 6, 1873No. 109PublishedCited by 26 opinions

Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1872, No. 109. This was an action of assumpsit, brought to December Term 1869, by Eliza McFadden against Henry C. Johnson.

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Error to the Court of Common Pleas of Allegheny county: Of October and November Term 1872, No. 109. This was an action of assumpsit, brought to December Term 1869, by Eliza McFadden against Henry C. Johnson. The statement of the plaintiff’s claim was substantially as follows :— She was owner of a tract of land in Crawford county, through which the Pittsburg and Erie Railroad Company, in the year 1856, had constructed their road, and had thereby damaged her said tract of land; in the month of March 1857, she contracted to sell her land to John Scott, and Scott assigned his contract to the…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

The court below charged the jury that on all the evidence the plaintiff was not entitled to recover, except for the admitted balance of purchase-money unpaid by the defendant. This was an error, the plaintiff having shown that she was the owner of the farm when the railroad company entered upon it, and made the cutting and filling for the railroad track, for which she claimed damages; and that this injury was done by the Pitts-burg and Erie Railroad Company before the road passed into the hands of the Atlantic and Great Western Railroad…

2Cases cited1 opinion

  1. Schuylkill & Susquehanna Navigation v. DeckerSupreme Court of Pennsylvania · 1834

3Cited by26 opinions

  1. Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
  2. Kaufmann v. PittsburghSupreme Court of Pennsylvania · 1915
  3. Taylor Investment Co. v. Kansas City Power & Light Co.Supreme Court of Kansas · 1958
  4. Birmingham Belt Ry. Co. v. LockwoodSupreme Court of Alabama · 1907
  5. Bailey v. United StatesUnited States Court of Federal Claims · 2007

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