Pennsylvania Railroad v. Guthrie
Superior Court of Pennsylvania
Appeal, No. 2, Oct. T., 1916, by defendant, from judgment of O. P. Chester Co., April T., 1915, No. 47, on verdict for plaintiff in case of Pennsylvania Railroad Company v. R. Smith Guthrie. Trespass for encroaching on a railroad right of way. Before Gawthrop, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for one dollar. Defendant appealed. Error assigned was in refusing judgment for defendant n. o. v.
1Opinion of the Court
Opinion bv
Trexler, J.,
Defendant is the owner of a coal yard lying along the main line of the Pennsylvania Railroad Oo. in the Borough of ParkesTburg. The question in this case is whether he has the right to occupy with his coal bins or pockets a part of the slope or embankment of the railroad. On March 18,1859, Robert Parks the predecessor in title of both of the parties to this suit conveyed to the railroad company a lot adjoining defendant’s property, and in the deed in addition to the lot granted “the right to widen the embankment of the said Pennsylvania Railroad on the north side thereof…
2Cases cited5 opinions
- Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
- Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
- Philadelphia & Reading Railroad v. ObertSupreme Court of Pennsylvania · 1885
- Leithold v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1911
- Kaseman v. Borough of SunburySupreme Court of Pennsylvania · 1900
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