Mellick v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 42, Jan. T., 1901, by defendant, from judgment of C. P. Columbia Co., May T., 1898, No. 14, on verdict for plaintiff in case of O. B. Mellick v. Pennsylvania Railroad Company. Trespass to recover damages for loss sustained by the obstruction of a public road. Before Dunham, P. J., specially presiding.
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Appeal, No. 42, Jan. T., 1901, by defendant, from judgment of C. P. Columbia Co., May T., 1898, No. 14, on verdict for plaintiff in case of O. B. Mellick v. Pennsylvania Railroad Company. Trespass to recover damages for loss sustained by the obstruction of a public road. Before Dunham, P. J., specially presiding. At the trial it appeared that plaintiff, under a contract with the county commissioners, was, in the summer of 1894, engaged in constructing the approaches to a county bridge. While engaged in this work the railroad company obstructed a public road which plaintiff was using. This…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The plaintiff had a contract with the county commissioners to construct a short piece of road forming the approach to a new bridge over the Susquehanna river at Bloomsburg. The work consisted almost wholly of filling in between the abutment of the bridge and the bank of the defendant railroad. The construction, thus contracted for, was to take the place of part of an old public road, called the Ferry road, which ran under the railroad, then parallel to the railroad embankment for a short distance and thence to a ferry landing. The plaintiff entered upon his…
2Cases cited4 opinions
- Reese v. HersheySupreme Court of Pennsylvania · 1894
- Baker v. Westmoreland & Cambria Natural Gas Co.Supreme Court of Pennsylvania · 1893
- Kennedy v. ErdmanSupreme Court of Pennsylvania · 1892
- Reel v. MartinSuperior Court of Pennsylvania · 1900
3Cited by2 opinions
- Reading Co. v. LarkinCourt of Appeals for the Third Circuit · 1940
- Commonwealth v. GoldsteinWashington County Court of Quarter Sessions · 1925