Zack v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Indiana county. On the 6th of July, 1854, the Pennsylvania Railroad Company presented their petition to the Court of Common Pleas of Indiana county, for the appointment of viewers to assess damages on the land of Daniel Zack; setting forth that they found it necessary to enter upon and appropriate a part of the land of Zack for the construction of the Indiana Branch Railroad, and that said company had been unable to agree with the said Zack, the…
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Error to tbe Common Pleas of Indiana county. On the 6th of July, 1854, the Pennsylvania Railroad Company presented their petition to the Court of Common Pleas of Indiana county, for the appointment of viewers to assess damages on the land of Daniel Zack; setting forth that they found it necessary to enter upon and appropriate a part of the land of Zack for the construction of the Indiana Branch Railroad, and that said company had been unable to agree with the said Zack, the owner, as to the compensation. On the same day, the Court appointed viewers to meet upon the premises on the 4th August,…
1Opinion of the Court
*396The opinion of the Court was delivered by
Lowrie, J. —
It is most manifest equity .that he who claims a special privilege, must submit to a strict construction of it. Hej who claims the right to be tried before a special tribunal and in a special form, both of which are out of the general course of the law, must expect that his special mode of trial shall be strictly pursued as to the forms prescribed, and not be allowed to innovate upon the general principles of law further than is indicated by the law that prescribes it.
The Act of 27th March, 1848, § 4, P. Laws 274, under which this…
2Cited by2 opinions
- McCandless Township AppealSupreme Court of Pennsylvania · 1962
- Murphy v. City of WilmingtonSupreme Court of Delaware · 1880