Miller v. Buffalo & Susquehanna Railroad
Superior Court of Pennsylvania
Appeal, No. 104, Oct. T., 1905, by defendant, from judgment of O. P. Potter Co., March T., 1904, No. 57, on verdict for plaintiff in case of Charles O. Miller v. Buffalo & Susquehanna Railroad Company. Trespass to recover damages for injuries to land. Before Ormerod, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $819. Defendant appealed.
Read the full summary
Appeal, No. 104, Oct. T., 1905, by defendant, from judgment of O. P. Potter Co., March T., 1904, No. 57, on verdict for plaintiff in case of Charles O. Miller v. Buffalo & Susquehanna Railroad Company. Trespass to recover damages for injuries to land. Before Ormerod, P. J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $819. Defendant appealed. Errors assigned are various instructions sufficiently set forth in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Beaver, J.,
The defendant company, in the year 1898 and prior thereto, maintained a bridge which crossed the east fork of the Sinnemahoning- creek diagonally. After the erection of this bridge, the predecessor in title of the plaintiff, upon petition and view, obtained damages for the right of way through the property now occupied by the plaintiff. The bridge, of which complaint is made, was then in existence. It' was shown by one of the viewers that no bents or trusses were then erected. The bridge, as originally constructed, had at least four vents or outlets for the water of about…
2Cases cited1 opinion
- Berninger v. Sunbury, Hazleton & Wilkes-Barre Railway Co.Supreme Court of Pennsylvania · 1902
3Cited by2 opinions
- Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania · 1919
- Dutton v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Pennsylvania · 1907