Fredericks v. Pennsylvania Canal Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Lycoming county: Of January Term, 1883, No. 167½. This was an action on tho ease by Newton W. Fredericks and Frederick Kreamer, trading as Fredericks & Kreamer, against the Pennsylvania Canal Company, to recover damages suffered by the plaintiffs by reason of the defendant’s failure to keep their canal in operation between Lock Haven and Farrandsville.
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Error to the Court of Common Pleas, of Lycoming county: Of January Term, 1883, No. 167½. This was an action on tho ease by Newton W. Fredericks and Frederick Kreamer, trading as Fredericks & Kreamer, against the Pennsylvania Canal Company, to recover damages suffered by the plaintiffs by reason of the defendant’s failure to keep their canal in operation between Lock Haven and Farrandsville. On the trial, before Cummin, P. J., the following facts appeared: The plaintiffs manufactured and sold lumber at Farrandsville, where they bad extensive mills and piling grounds convenient to the canal, by…
1Opinion of the CourtChief Justice Mercur
The second specification of error is to the refusal of the *55court to charge that the Act of 2d June; 1870, is unconstitutional and void. It is entitled “ An Act to authorize turnpike, plank-road, and canal companies to issue bonds, and secure the same by mortgage, and to abandon portions of their roads and lines for public use.”
This contention arises from the abandonment by the defendant of a portion of its line of canal, under this Act. Two questions are presented, the one is whether the Act is constitutional, the other whether the power of abandonment was exercised as provided in the Act.
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2Cited by10 opinions
- Germantown Trust Co. v. PowellSupreme Court of Pennsylvania · 1919
- Bonini v. Family Theatre Corp.Supreme Court of Pennsylvania · 1937
- Commonwealth v. MooreSuperior Court of Pennsylvania · 1896
- Bryan v. Louisville & N. R. Co.Court of Appeals for the Eighth Circuit · 1917
- Hallman v. Montgomery County, Pennsylvania Court of Common Pleas, Montgomery County1924
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