Justice v. Nesquehoning Valley Railroad
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Carbon county: Of January Term 1878? No. 255. The proceedings in the court below were as follows: Esther S. Justice and others were the owners of a tract of land which in 1869 the Nesquehoning Yalley Railroad Company made an effort to purchase, but owing to the large number of the owners and their failure to agree upon terms, the offers of the company were refused.
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Error to tbe Court of Common Pleas of Carbon county: Of January Term 1878? No. 255. The proceedings in the court below were as follows: Esther S. Justice and others were the owners of a tract of land which in 1869 the Nesquehoning Yalley Railroad Company made an effort to purchase, but owing to the large number of the owners and their failure to agree upon terms, the offers of the company were refused. The company then entered upon the land and built its railroad, to which there was no objection made other than a notice to repair injuries done to tenants. A bond was offered to the husband of…
1Opinion of the CourtChief Justice Agnew
This was a proceeding to view and value land taken by the Nesquehoning Valley Railroad Company for its railroad, and to assess damages therefor. It came into the court below by appeal from the finding of viewers, and was tried before a jury.
As stated in the argument of the plaintiffs in error, there is a single question raised by all the assignments of error, to wit: whether the plaintiffs were the owners of the ties, rails and other structures placed on the land by the railroad company before the 3d of April 1874, the date of the verdict in ejectment. The facts are few, and fairly raise the…
2Cases cited3 opinions
- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
- Borough of Harrisburg v. CrangleSupreme Court of Pennsylvania · 1842
- Etter v. EdwardsSupreme Court of Pennsylvania · 1835
3Cited by27 opinions
- Titus v. Poland Coal Co.Supreme Court of Pennsylvania · 1923
- Texas & N. O. R. v. SchoenfeldTexas Supreme Court · 1941
- Lawson v. SimonsenSupreme Court of Pennsylvania · 1980
- Bank of Shelbyville v. HartfordCourt of Appeals of Kentucky (pre-1976) · 1937
- Canon-McMillan School District v. BioniCommonwealth Court of Pennsylvania · 1987
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