Directors of the Poor v. Rail-Road Co.
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. The Directors of the Poor and of the house of employment for the county of York presented a petition to the court for the appointment of a jury to assess the amount of damages done to their lands by reason of the location and construction of the Wrights-ville, York and Gettysburg Rail-road through the same.
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ERROR to the Common Pleas of York county. The Directors of the Poor and of the house of employment for the county of York presented a petition to the court for the appointment of a jury to assess the amount of damages done to their lands by reason of the location and construction of the Wrights-ville, York and Gettysburg Rail-road through the same. The jury were summoned by the sheriff, met, viewed the premises, and assessed the damages at $1280.25. The rail-road company took exceptions to the report. 1st. The plaintiffs are not the owners of the land in question, and cannot recover any…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Two only of the exceptions to the proceedings on the inquest have been urged. 1st, That the plaintiffs are not the owners of the land; and 2dly, That the court and inquest had no jurisdiction.
*237The Act of the 6th February 1804, incorporating the plaintiffs, enables the Directors of the Poor and house of employment of the county of York, by’gift, alienation or bequest, to purchase and hold lands in that county, in_fee-simple or otherwise. The plaintiffs, in their petition, aver, that they were the owners of the land taken possession of and used…
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