Perkiomen Railroad v. Bromer
Supreme Court of Pennsylvania
Appeal, No. 202, Jan. T., 1906, by plaintiff, from judgment of O. P. Montgomery Co., March T., 1905, No. 11, on verdict for defendant in case of Perkiomen Railroad Company v. Albert Bromer. Ejectment for land in Schwenksville.
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Appeal, No. 202, Jan. T., 1906, by plaintiff, from judgment of O. P. Montgomery Co., March T., 1905, No. 11, on verdict for defendant in case of Perkiomen Railroad Company v. Albert Bromer. Ejectment for land in Schwenksville. Before "Weand, J. At the trial, when the plaintiff was on the stand, the following offer was made: We propose to prove that anterior to the execution of the release offered in evidence by the plaintiff an agreement was entered into between him and the Perkiomen railroad, represented by Anthony IT. Seipt, its president, by which, in consideration of his executing that…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This was an action of ejectment to recover possession of a part of the plaintiff’s right of way obtained by grant from the defendant in 1869, whic&t has since remained in his possession. The road divided a tract of five acres of land owned by the defendant in a country town so as to prevent convenient access between the parts, and the opening of the right of way to its *268full width of eighty feet would require the removal of a barn, which for want of space could not be rebuilt on'the part on which the house is located. The plaintiff had no occasion to occupy the whole…
2Cases cited3 opinions
- Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
- Ferguson v. Rafferty, Pennsylvania Court of Common Pleas, Clearfield County1889
- Powelton Coal Co. v. McShainSupreme Court of Pennsylvania · 1874
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- Gelber v. Western National BankSuperior Court of Pennsylvania · 1913
- Heller v. Heller's Executors, Pennsylvania Court of Common Pleas, Berks County1922
- Pierce v. Pierce, Pennsylvania Court of Common Pleas, Schuylkill County1929