Cox v. Pennsylvania Co.
Supreme Court of Pennsylvania
Appeal, No. 1, Oct. T., 1918, by-defendant, from judgment of O. P. Lawrence Co., Dec. T., 1912, No. 53, on verdict for plaintiffs in case of William H. Cox et al. v. Pennsylvania Company, operating the Pittsburgh, Youngstown and Ashtabula Railway. Appeal from report of viewers. Before Emery, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 1, Oct. T., 1918, by-defendant, from judgment of O. P. Lawrence Co., Dec. T., 1912, No. 53, on verdict for plaintiffs in case of William H. Cox et al. v. Pennsylvania Company, operating the Pittsburgh, Youngstown and Ashtabula Railway. Appeal from report of viewers. Before Emery, P. J. The opinion of the Supreme Court states the facts. Defendant presented, among others, the following points: 3. That the will of Ephraim Phillips worked a conversion of his real estate. Answer. Refused. (1) 4. That plaintiffs have not shown title in themselves to the land appropriated in this case…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiffs sued to recover damages for land appropriated by defendant for the purpose of widening its roadway. The principal controversy relates to the measure of damages, as to which the evidence is widely at variance and, in view of the testimony, the verdict is not excessive and must be sustained, unless based on improper evidence.
The land taken consisted of two triangular pieces, one on each side of defendant’s tracks and a part of a tract known for many years as “The Phillips Farm,” lying on the west side of the Beaver river and traversed by defendant’s…
2Cases cited6 opinions
- Potts v. Penn. S. V. R.Supreme Court of Pennsylvania · 1888
- Wayne v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
- Hoffman v. PhiladelphiaSupreme Court of Pennsylvania · 1915
- Scott v. Donora Southern RailroadSupreme Court of Pennsylvania · 1909
- Chamberlain's EstateSupreme Court of Pennsylvania · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lackawanna Iron & Steel Co. v. Lackawanna & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1930
- Darlington v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1924
- United States v. 20.08 Acres of LandDistrict Court, W.D. Pennsylvania · 1940
- Seltzer v. Commonwealth, Pennsylvania Court of Common Pleas, Schuylkill County1946