Moyer v. Germantown Railroad
Supreme Court of Pennsylvania
WRIT OF ERROR to the District Court for the city and county of Philadelphia, in which George Moyer and Joseph Robinson brought this action on the case against the Philadelphia, Germantown & Norristown Railroad Company.
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WRIT OF ERROR to the District Court for the city and county of Philadelphia, in which George Moyer and Joseph Robinson brought this action on the case against the Philadelphia, Germantown & Norristown Railroad Company. On the 8th of May 1839, the case was tried by a jury, who returned a verdict in which they say, “ they find for the plaintiffs, and assess damages in the sum of $7000; and further, they do award that the defendants be required to make their railroad in the middle of the street called Cresson street, in the village of Manayunk; the said railroad to be at least one foot below the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
A verdict in the alternative would be erroneous.
But there are many instances, under our practice, in which a cautionary verdict is allowed; as when the verdict is rendered for the plaintiff in ejectment, or for a penal sum in actions for damages, to be enforced, unless the defendant pay a sum of money or does certain things specified. Here the verdict was within the latter description, for $7000, to be released, except $300 thereof on the defendants making their railroad in the middle of the street, at a specified depth, and taking up the…
2Cited by3 opinions
- Sherwood Bros. Co. v. KennedySuperior Court of Pennsylvania · 1938
- Bartolett v. DixonSupreme Court of Pennsylvania · 1873
- Gordonier v. BillingsSupreme Court of Pennsylvania · 1875