Pennsylvania R. v. Marchant
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 142 July Term 1887, Sup. Ct.; court below, No. 183 September Term 1884, C. P. No. 3. On October 25, 1884, an action in case was brought by Edward D. Marchant against the Pennsylvania Railroad Company to recover damages for consequential injuries .to his property, No. 1711 Filbert street, arising from the construction and operation of the Filbert street extension of the defendant company’s roadway.
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ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 142 July Term 1887, Sup. Ct.; court below, No. 183 September Term 1884, C. P. No. 3. On October 25, 1884, an action in case was brought by Edward D. Marchant against the Pennsylvania Railroad Company to recover damages for consequential injuries .to his property, No. 1711 Filbert street, arising from the construction and operation of the Filbert street extension of the defendant company’s roadway. The plaintiff’s declaration averred the ownership and possession by the plaintiff, on June 1, 1881, and subsequently, of a…
1DissentJustice Sterrett
This contention, involving the same questions that were presented in Penn. R. Co. v. Lippincott and others, 116 Pa. 472, hinges on the construction of article XVI., section 8, of the constitution, viz.: “ Municipal and other corporations and *563individuals, invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed in the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.”
In effect, the obligation thus…
2Cases cited14 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Higgins v. McCreaSupreme Court of the United States · 1886
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- County of Chester v. BrowerSupreme Court of Pennsylvania · 1888
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
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