Crescent Township v. Pittsburg & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 146, Oct. T., 1904, by-defendant, from judgmentof C. P. No. 1, Allegheny Co., .Dec. T., 1908, No. 296, on verdict for plaintiff in ease of Crescent Township v. Pittsburg and Lake Erie Railroad Company and James M. Schoonmaker. Petition for mandamus. Before Brown, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed.
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Appeal, No. 146, Oct. T., 1904, by-defendant, from judgmentof C. P. No. 1, Allegheny Co., .Dec. T., 1908, No. 296, on verdict for plaintiff in ease of Crescent Township v. Pittsburg and Lake Erie Railroad Company and James M. Schoonmaker. Petition for mandamus. Before Brown, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Mb. Justice Dean,
In 1878 the defendant company located and constructed its railroad through Crescent township Allegheny county as part of its line between Pittsburg, Pennsylvania and Youngstown, Ohio. It was a single-track road and entered the village of Shousetown in that township over a bridge crossing Flaherty’s Run and passed on over a fifty-foot street in the village called *337High street, then on to the western line of the village where it entered upon the property of Virginia Graham, thence through the Graham land to and over a bridge constructed by the company over Strabane run…
2Cases cited2 opinions
- In re Road in Sterrett TownshipSupreme Court of Pennsylvania · 1887
- Millcreek Township v. ReedSupreme Court of Pennsylvania · 1857
3Cited by6 opinions
- Canadian River R. v. Wichita Falls & N. W. R. Co.Supreme Court of Oklahoma · 1917
- Carrere v. SchmidtSupreme Court of Pennsylvania · 1924
- Hoff v. Allegheny CountySupreme Court of Pennsylvania · 1941
- Bristol Township RoadSuperior Court of Pennsylvania · 1912
- Northrup v. Pike TownshipSupreme Court of Pennsylvania · 1913
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