Legal Opinion

Levering v. Philadelphia, Germantown & Norristown Railroad

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 8 opinions

THIS was an action of ejectment, in which Jacob Levering was plaintiff and The Philadelphia, Germantown and Norristown Railroad Company defendants, for all that certain piece or parcel of land, situate, lying and being in the village of Manayunk, in Roxborough township, in the county of Philadelphia, beginning at a corner of land of Jacob Levering, and now or late of the Philadelphia, Germantown and Norristown Railroad Company, thence south 54° 30" west 82 feet 3 inches,…

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THIS was an action of ejectment, in which Jacob Levering was plaintiff and The Philadelphia, Germantown and Norristown Railroad Company defendants, for all that certain piece or parcel of land, situate, lying and being in the village of Manayunk, in Roxborough township, in the county of Philadelphia, beginning at a corner of land of Jacob Levering, and now or late of the Philadelphia, Germantown and Norristown Railroad Company, thence south 54° 30" west 82 feet 3 inches, &c., containing 63|- perches, more or less. The following case was stated as upon a special verdict at Nisi Prius in…

1Opinion of the Court

The opinion of the Court was delivered .by

Sergeant, J.

This case does not require the determination of those grave questions, which have been treated of in the argument, concerning the power of the Legislature under the Constitution to take away private property for public use. The Legislature of Pennsylvania in passing laws incorporating companies for constructing canals and railroads, has invariably conformed to the injunction of the constitution, by providing means for ascertaining the compensation to be made to owners and compelling its payment ; and the Act of Assembly now under…

2Cited by8 opinions

  1. Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
  2. Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
  3. Gilmore v. PittsburghSupreme Court of Pennsylvania · 1883
  4. Speer v. Monongahela Railroad Co.Supreme Court of Pennsylvania · 1916
  5. Page v. AllenSupreme Court of Pennsylvania · 1868

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