Oliver v. Pittsb. V. & C. Ry. Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 55 October Term 1889, Sup. Ct.; court below, No. 565 March Term 1887, C. P. No. 1. On February 23, 1887, George Oliver and others brought ejectment against the Pittsburgh, Virginia & Charleston Railway Co., for a strip of land occupied by the tracks and roadbed of the defendant company. The defendants’ plea was not guilty.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 1 OP ALLEGHENY COUNTY. No. 55 October Term 1889, Sup. Ct.; court below, No. 565 March Term 1887, C. P. No. 1. On February 23, 1887, George Oliver and others brought ejectment against the Pittsburgh, Virginia & Charleston Railway Co., for a strip of land occupied by the tracks and roadbed of the defendant company. The defendants’ plea was not guilty. At the trial on November 22, 1888, the following facts were shown: In 1868, the land in controversy was of the property of Robert Oliver, who died in that year intestate, leaving to survive…
1Opinion of the Court
Opinion,
Me. Justice Williams :
Corporations clothed with the right of eminent domain enter upon the land of private owners in one of the following ways : They enter upon giving security for the payment of the damages to be done by their entry, when ascertained, and thereby acquire title, without regard to the consent of the owner, by virtue of the statute. They enter in pursuance of a bargain with or leave given by the owner, and their title rests on their bargain or contract, and not on the statute. Or, they may enter without compliance with the law, or treaty with the owner, in which ease…
2Cases cited4 opinions
- McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870
- Davis v. Titusville & Oil City Railway Co.Supreme Court of Pennsylvania · 1886
- Wheeling, P. & B. R. v. WarrellSupreme Court of Pennsylvania · 1888
- Philadelphia, Newtown & New York Railroad v. CooperSupreme Court of Pennsylvania · 1884
3Cited by24 opinions
- Oklahoma City v. WellsSupreme Court of Oklahoma · 1939
- Caruthers v. Peoples Natural Gas Co.Superior Court of Pennsylvania · 1944
- Wingert v. T. W. Phillips Gas & Oil Co.Supreme Court of Pennsylvania · 1959
- Faulk v. Missouri River & N. W. Ry. Co.South Dakota Supreme Court · 1911
- Carter v. Ridge Turnpike Co.Supreme Court of Pennsylvania · 1904
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