Hall v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 243, Jan. T., 1921, by plaintiffs, from judgment of C. P. Lackawanna Co., Jan. T., 1919, No. 283, for defendant on affidavit of de< fense raising question of law, in case of Lepbe Hall and Jesse Hall v. Delaware, Lackawanna & Western Railroad Co. Assumpsit to recover value of earth and gravel removed from plaintiffs’ land. Defendant filed an affidavit of defense raising questions of law. Before Maxey, J. Tlie opinion of the Supreme Court states the facts..
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Appeal, No. 243, Jan. T., 1921, by plaintiffs, from judgment of C. P. Lackawanna Co., Jan. T., 1919, No. 283, for defendant on affidavit of de< fense raising question of law, in case of Lepbe Hall and Jesse Hall v. Delaware, Lackawanna & Western Railroad Co. Assumpsit to recover value of earth and gravel removed from plaintiffs’ land. Defendant filed an affidavit of defense raising questions of law. Before Maxey, J. Tlie opinion of the Supreme Court states the facts.. The court entered judgment for defendant. See 49 Pa. C. C. R. 303; 21 Lackawanna Jurist 163. Plaintiffs appealed. Error…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
Defendant, being desirous of widening and improving its right-of-way, filed a petition-under the Act of March 17, 1869, P. L. 12, for leave to enter bond and take immediate possession of a strip of land belonging to plaintiffs. The petition was granted, the bond was entered, and a jury of view appointed, under which proceedings, or on appeal from its award, plaintiffs either have or will recover the amount to which they are entitled by reason thereof. In order to properly grade the land taken, defendant excavated and carried away a portion of the soil thereof,…
2Cases cited7 opinions
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Hendler v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1904
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1913
- Estate of CessnaSupreme Court of Pennsylvania · 1899
- Citizens Electric Co. v. Susquehanna Boom Co.Supreme Court of Pennsylvania · 1921
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- Rock Island, A. & L. R. Co. v. GournaySupreme Court of Louisiana · 1944
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