Fries v. Southern Pennsylvania Railroad & Mining Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: Of May Term 1877, No. 217. This was a scire facias quare exeeutionem non sur judgment. The Caledonia Iron, Land and Railroad Company was incorporated March 22d 1867, and changed its name on April 30th 1869 to the Southern Pennsylvania Iron and Railroad Company.
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Error to the Court of Common Pleas of Franklin county: Of May Term 1877, No. 217. This was a scire facias quare exeeutionem non sur judgment. The Caledonia Iron, Land and Railroad Company was incorporated March 22d 1867, and changed its name on April 30th 1869 to the Southern Pennsylvania Iron and Railroad Company. On March 1st 1870 it made a mortgage to J. Edgar Thomson and Frederick Watts, as trustees, to secure $625,000 of bonds, and on September 1st 1870 made a second mortgage to John Rice, as trustee, to secure $200,000 of bonds. The company having begun the construction of its railroad…
1Opinion of the Court
The judgment of the Supreme Court was entered, June 26th 1877,
2Per curiam
— This case differs from that of the Western Pennsylvania Railroad Co. v. Johnston, 9 P. F. Smith 291. There the railroad company had neither paid the money nor given the bond required by the law as security, before entering on the land. The entry was therefore unlawful, and the land remained liable to the re-entry of the owner. The charter of the Western Pennsylvania Company subjected that company to payment of all the unpaid damages, which were declared to remain a lien on the road. But here the railroad company gave the required…
3Cited by13 opinions
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Fischer v. Catawissa RailroadSupreme Court of Pennsylvania · 1896
- Speer v. Monongahela Railroad Co.Supreme Court of Pennsylvania · 1916
- Wilson v. Public Service CommissionSuperior Court of Pennsylvania · 1926
- Ferguson v. Pittsburgh & Shawmut RailroadSupreme Court of Pennsylvania · 1916
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