Legal Opinion

James McMillin Printing Co. v. Pittsburg, Carnegie & Western Railroad

Supreme Court of Pennsylvania

Decided January 7, 1907No. Appeal, No. 80PublishedCited by 19 opinions

Appeal, No. 80, Oct. T., 1906, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb: T., 1904, No. 140, on. verdict for plaintiff in case of James McMillin Printing Company v. Pittsburg, Carnegie & Western Railroad Company. Appeal from report of jury of view.

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Appeal, No. 80, Oct. T., 1906, by defendant, from judgment of C. P. No. 8, Allegheny Co., Feb: T., 1904, No. 140, on. verdict for plaintiff in case of James McMillin Printing Company v. Pittsburg, Carnegie & Western Railroad Company. Appeal from report of jury of view. Before Kennedy, P. J. The court charged in part as follows: ' [If they are entitled to recover here, they are entitled, as I have already intimated to you, to recover the value of that lease, its fair market value, at the time it was appropriated by the railroad company. They are entitled, in addition to that, to the actual…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

This action was by a subtenant to recover the loss sustained by the taking of the leased property by the defendant in the construction of its road. The plaintiff conducted a printing establishment on the third floor of a building owned by H. C. Bair, who had leased the whole building to the Bair & Gazzam Manufacturing Company for a term of ten years expiring April 1, 1907. The manufacturing company leased the third floor to the plaintiff for a term which expired April 1, 1903, and on January 28, 1903, extended the lease to April 1, 1907. A bond to secure the owner…

2Cases cited6 opinions

  1. Carpenter v. LancasterSupreme Court of Pennsylvania · 1905
  2. Philadelphia & Reading Railroad v. Getz & Getz & Co.Supreme Court of Pennsylvania · 1886
  3. Kersey v. Sch. River E. S. R., Pennsylvania Court of Common Pleas, Philadelphia County1890
  4. Getz v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1884
  5. Ehret v. Schuylkill River East Side R. R.Supreme Court of Pennsylvania · 1892

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3Cited by19 opinions

  1. United States v. General Motors Corp.Supreme Court of the United States · 1945
  2. United States v. Petty Motor Co.Supreme Court of the United States · 1946
  3. Kaiser Co. v. ReidCalifornia Supreme Court · 1947
  4. Des Moines Wet Wash Laundry v. City of Des MoinesSupreme Court of Iowa · 1924
  5. Korf v. FlemingSupreme Court of Iowa · 1948

14 more not listed; retrieve them via the Exa API.

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