McKee v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 71, Oct. T., 1916, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1913, No. 818, on directed verdict for defendant in case of James Dalzell McKee v. Pennsylvania Railroad Company. Ejectment for land in the City of Pittsburgh. The facts appear by the opinion of the Supreme Court. The jury found a verdict for defendant by direction of the court and judgment was entered thereon. Plaintiff appealed.
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Appeal, No. 71, Oct. T., 1916, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1913, No. 818, on directed verdict for defendant in case of James Dalzell McKee v. Pennsylvania Railroad Company. Ejectment for land in the City of Pittsburgh. The facts appear by the opinion of the Supreme Court. The jury found a verdict for defendant by direction of the court and judgment was entered thereon. Plaintiff appealed. Errors assigned, among others, were in affirming defendants point for binding instructions, and various ' rulings on evidence.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
This is an .action of ejectment to recover possession of a strip of land about ten feet in width and extending along the southerly line of the Pittsburgh & Lake Erie Railway right of way from Eighteenth street to Nineteenth street in Pittsburgh. It is within the lines of what is called Water street, and defendant claims the right to occupy same by virtue of an ordinance adopted by the council of said city in March, 1886. The main question here is whether it was then á public street. The Monongahela river adjoins the right of way of said Pittsburgh & Lake Erie…
2Cases cited5 opinions
- Commonwealth v. MooreheadSupreme Court of Pennsylvania · 1888
- City of Pittsburg v. Epping-Carpenter Co.Supreme Court of Pennsylvania · 1900
- Burgess of Birmingham v. AndersonSupreme Court of Pennsylvania · 1865
- Schenley v. City of PittsburghSupreme Court of Pennsylvania · 1883
- Borough of Birmingham v. AndersonSupreme Court of Pennsylvania · 1861
3Cited by8 opinions
- Nestor v. GeorgeSupreme Court of Pennsylvania · 1946
- Pittsburgh v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1919
- Wensel v. North Versailles TownshipSuperior Court of Pennsylvania · 1939
- Plattsmouth Bridge Co. v. Globe Oil & Refining Co.Supreme Court of Iowa · 1943
- Harvey Aluminum Inc. v. De ChabertDistrict Court, Virgin Islands · 1967
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