Witman v. City of Reading
Supreme Court of Pennsylvania
Appeal, No. 68, Jan. T., 1899, by plaintiffs, from judgment of C. P. Berks Co., Feb. T., 1898, No. 34, on verdict for defendant. Appeal from report of viewers. Before Endlich, J. The court charged as follows: Under the view which the court has taken of the numerous questions of law that have arisen in this case, and which view, of course, is binding upon the jury, the plaintiffs have shown no right to recover from the city of Reading in this action.
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Appeal, No. 68, Jan. T., 1899, by plaintiffs, from judgment of C. P. Berks Co., Feb. T., 1898, No. 34, on verdict for defendant. Appeal from report of viewers. Before Endlich, J. The court charged as follows: Under the view which the court has taken of the numerous questions of law that have arisen in this case, and which view, of course, is binding upon the jury, the plaintiffs have shown no right to recover from the city of Reading in this action. It is therefore the duty of the court to say to the jury that it is their business to render a verdict for the city. In doing so, the jury will…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The Witmans, plaintiffs, owned ten acres of land on Mount Tenn; on this was a valuable stone quarry, which they operated, shipping the stone to market over an inclined railway built on the land of De B. Randolph Keim. The land necessary for the construction of the railway, a strip about ten feet wide, was leased to plaintiffs by Keim for a term of two years from October 1, 1891, and then, by a written memorandum, extended for a further term of two years, to October 1, 1895. In the summer of the year 1895, William A. Witman told Keim they wanted to put up a crusher…
2Cases cited5 opinions
- Smith & Fleek's AppealSupreme Court of Pennsylvania · 1872
- Tripp v. BishopSupreme Court of Pennsylvania · 1868
- Appeal of M'FarsonSupreme Court of Pennsylvania · 1849
- Johnston v. CowanSupreme Court of Pennsylvania · 1868
- Shaaber v. Reading CitySupreme Court of Pennsylvania · 1892
3Cited by21 opinions
- Penn-Ohio Steel Corporation v. The United StatesUnited States Court of Claims · 1965
- Lakewood Memorial Gardens, Inc. AppealSupreme Court of Pennsylvania · 1955
- Philadelphia AppealSupreme Court of Pennsylvania · 1950
- Stevenson v. Titus Admrs.Supreme Court of Pennsylvania · 1938
- Axe v. PottsSupreme Court of Pennsylvania · 1944
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