Hoffman v. Bloomsburg etc. R.
Supreme Court of Pennsylvania
No. 44 July Term 1890, Sup. Ct.; court below, No. 34 September Term 1887, C. P. On September 21, 1887, an appeal was filed from the report of viewers assessing damages in favor of John W. Hoffman against the Bloomsburg & Sullivan Railroad Company, for land taken and injured by the location and construction of the defendant company’s railroad. Issue.
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No. 44 July Term 1890, Sup. Ct.; court below, No. 34 September Term 1887, C. P. On September 21, 1887, an appeal was filed from the report of viewers assessing damages in favor of John W. Hoffman against the Bloomsburg & Sullivan Railroad Company, for land taken and injured by the location and construction of the defendant company’s railroad. Issue. At the trial, on October 1, 1889, the plaintiff introduced testimony showing, as was claimed, that he owned a farm of about one hundred and thirty-four acres along Big Fishing-creek, upon which were erected two dwelling-houses, a barn and farm…
1Opinion of the Court
Opinion,
Mr. Justice Green:
We are not able to agree with the learned court below in the interpretation given to the agreement signed by the plaintiff, in relation to the construction of the defendant’s road on his land. It is in the following words, viz.:
“ I hereby agree in behalf of the railroad to be constructed along the Big Fishingcreek, from a point near its mouth and following its general course to Cole’s creek, thence, by the most eligible route, along the gorge of its eastern branch into Sullivan county, to connect with the State Line & Sullivan Railroad, to be extended to the state…
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