Pittsburg, Virginia & Charleston Railroad v. Rose
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 68, to October and November Term 1873. The proceeding in this case commenced May 20th 1872, by the petition of August Bose, the owner of certain lots on Manor street, in the borough of Birmingham, for the appointment of viewers to estimate and determine the damages sustained by him in the location, &e., by the Pittsburg, Virginia and Charleston Bailway Company of their railroad, by reason of an embankment made in…
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Error to the Court of Common Pleas of Allegheny county: No. 68, to October and November Term 1873. The proceeding in this case commenced May 20th 1872, by the petition of August Bose, the owner of certain lots on Manor street, in the borough of Birmingham, for the appointment of viewers to estimate and determine the damages sustained by him in the location, &e., by the Pittsburg, Virginia and Charleston Bailway Company of their railroad, by reason of an embankment made in constructing the railway along that street, and to estimate, &c., the value of the petitioner’s land taken by the company.…
1Opinion of the Court
The opinion of the court was delivered, Nov. 10th 1873, by
Sharswood, J. —
In the court below this was an appeal from a report of viewers appointed upon the petition of August Rose, to assess the damages to his property arising from the construction of their railroad by the plaintiffs in error. The road did not take any part of the petitioner’s land, but was constructed along a public road or street in the (then) borough of Birmingham. The provision of the tenth section of the General Railroad Law, Act of February 19th 1849, Pamph. L. 83, which relates to this controversy, is, “ that whenever…
2Cited by6 opinions
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- Berger v. Public Parking Authority of PittsburghSupreme Court of Pennsylvania · 1954
- Roberts v. PhiladelphiaSupreme Court of Pennsylvania · 1913
- In re City of New YorkNew York Supreme Court · 1948
- Serals v. West Chester Borough School DistrictSupreme Court of Pennsylvania · 1928
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