Wilmington & Reading Railroad v. Stauffer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of January Term 1869, No. 266. - The proceedings in this case commenced in the court below by the petition of The Wilmington and Reading Railroad Company asking for the appointment of viewers to assess damages sustained by Peter Stauffer by the construction of the company’s road • through his land.
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Error to the Court of Common Pleas of Chester county: Of January Term 1869, No. 266. - The proceedings in this case commenced in the court below by the petition of The Wilmington and Reading Railroad Company asking for the appointment of viewers to assess damages sustained by Peter Stauffer by the construction of the company’s road • through his land. Viewers were appointed who assessed his damages at $630.65. Stauffer appealed and the case went to trial as in an action of trespass in which he was plaintiff. The evidence was that the railroad ran at the distance of about 35 feet from one…
1Opinion of the Court
The opinion of the court was delivered,
by
Ag-nrw, J.
In determining this case we must consider only the instructions given by the court. Looking at the sum of $700 for damages done to the barn, found in the statement of items returned *378by the jury, it is possible they misunderstood or disobeyed the instructions. Eor this error the remedy was a new trial. But one question is involved in the assignments of error, and we may therefore follow the example of the plaintiff in error, and consider all together. The court told the- jury distinctly they could not compensate the plaintiff for the risk of…
2Cases cited1 opinion
- Clark v. KensellOhio Supreme Court · 1833
3Cited by7 opinions
- Hamilton v. Pittsburg, Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1899
- Rudolph v. Pennsylvania Schuylkill Valley RailroadSupreme Court of Pennsylvania · 1898
- Clements v. Phila. Co.Superior Court of Pennsylvania · 1896
- Phiadelphia & Trenton R. R. v. RogersSupreme Court of Pennsylvania · 1884
- Phiadelphia & Trenton R. R. v. RogersSupreme Court of Pennsylvania · 1884
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