Hoffeditz v. South. Penn. R. & M. Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY. No. 11 May Term 1889, Sup. Ct.; court below, number and term not given. On October 17, 1883, Adam Hoke Hoffeditz brought case against the Southern Pennsylvania Railway & Mining Company, to recover damages for injuries to lands caused by an insufficient culvert on the line of defendant company’s railroad. The defendant pleaded not guilty, and specially a release hereinafter set forth.
Read the full summary
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY. No. 11 May Term 1889, Sup. Ct.; court below, number and term not given. On October 17, 1883, Adam Hoke Hoffeditz brought case against the Southern Pennsylvania Railway & Mining Company, to recover damages for injuries to lands caused by an insufficient culvert on the line of defendant company’s railroad. The defendant pleaded not guilty, and specially a release hereinafter set forth. At the trial on October 13, 1886, the plaintiff proved that the defendant’s railroad passed in two branches through a farm occupied by him…
1Opinion of the Court
Pee Ctjexam:
It was not error to enter judgment for the defendant non obstante veredicto upon the reserved point. The release was broad in its terms. After reciting the consideration, $1,000, and certain acts to be performed by the defendant company, it “remised, released, quit-claimed and forever discharged the Southern Pennsylvania Iron & Railroad Company, their successors and assigns, of and from all suits, claims, demands and damages whatever, for, upon, or by reason of their entry upon and taking and occupying the above described narrow pieces or strips of land and the location and…
2Cited by7 opinions
- Brush v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
- Updegrove v. Penna. Sch. V. R.Supreme Court of Pennsylvania · 1890
- Kemp v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- McMinn v. Pittsb. R.Supreme Court of Pennsylvania · 1892
- Flaherty v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Superior Court of Pennsylvania · 1916
2 more not listed; retrieve them via the Exa API.