Legal Opinion

Baltimore & Ohio Railroad v. Sulphur Spring Independent School District

Supreme Court of Pennsylvania

Decided November 22, 1880PublishedCited by 24 opinions

Error to the Court of Common Pleas of Westmoreland county: Of October and November Term 1880, No. 232. Case by the Sulphur Spring Independent School District of Sewickley township, Westmoreland county, against the Baltimore and Ohio Railroad Company, lessee of the Pittsburgh and Connellsville Railroad Company.

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Error to the Court of Common Pleas of Westmoreland county: Of October and November Term 1880, No. 232. Case by the Sulphur Spring Independent School District of Sewickley township, Westmoreland county, against the Baltimore and Ohio Railroad Company, lessee of the Pittsburgh and Connellsville Railroad Company. It appeared that the portion of the defendant's road which passed through Sewickley township was constructed in 1855. To procure the proper grade it was found necessary to make an embankment about twenty feet high across the mouth of Shaner’s Hollow, and construct therein boxes, or, in…

1Opinion of the CourtJustice Green

On the trial of this cause, the plaintiff made the following offer of proof by the witness, Alexander Eulton, viz.: “ That he owned land on the line of the P. & C. Railroad Co. in 1856, and notified the engineer who was then employed by the P. & C. Railroad Co., and was engaged in the erection and construction of said barrels or culverts at Shaner’s Station for the said company, that they were insufficient to receive and discharge the volume of water. That the engineer replied he knew they were not sufficiently large to receive the water.” A similar offer, with a somewhat less precise…

2Cited by24 opinions

  1. Perkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1934
  2. Hebert v. Lake Charles Ice, Light & Waterworks Co.Supreme Court of Louisiana · 1903
  3. Allen v. United StatesDistrict Court, D. Utah · 1984
  4. CARLSON v. A. & P. Corrugated Box Corp.Supreme Court of Pennsylvania · 1950
  5. Helbling v. Allegheny Cemetery Co.Supreme Court of Pennsylvania · 1902

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