Appeal of Hoffman
Supreme Court of Pennsylvania
FROMTHE DECREE OE THE COURT OF COMMON PLEAS NO 1 OF PHILADELPHIA COUNTY. No. 6 July Term 1887, Sup. Ct.; court below, No. 454 September Term 1884, C. P. No. 1. The proceeding below was in the distribution before an auditor of the fund realized from the sale of the property and franchises of the Philadelphia and Chester County Railroad Company.
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FROMTHE DECREE OE THE COURT OF COMMON PLEAS NO 1 OF PHILADELPHIA COUNTY. No. 6 July Term 1887, Sup. Ct.; court below, No. 454 September Term 1884, C. P. No. 1. The proceeding below was in the distribution before an auditor of the fund realized from the sale of the property and franchises of the Philadelphia and Chester County Railroad Company. The Philadelphia, Delaware and Chester Central Railroad Company was incorporated originally by the act of March 17, 1871, P. L. (1872) 1269, with a capital of $500,000 and the right to build a railroad from Philadelphia to connect with the ‘Pennsylvania…
1Opinion of the Court
Opinion,
Mr. Justice Stebbett :
This case is virtually ruled by Fries v. The South. Penn. R. & M. Co., 85 Pa. 73, in which it was held that the lawful exercise of the right of eminent domain rests not alone upon actual payment of just compensation to the owner of land taken for public use, but also upon the alternative of security given for the payment thereof; that whenever such security, in due form and approved by the court, is given, “ the grasp of the owner upon his property is loosened by the constitution itself, and consequently the easement acquired passes freed from his power to obtain…
2Cases cited3 opinions
- Western Pennsylvania Railroad v. JohnstonSupreme Court of Pennsylvania · 1868
- Fries v. Southern Pennsylvania Railroad & Mining Co.Supreme Court of Pennsylvania · 1877
- National Newark Banking Co. v. Second National BankSupreme Court of Pennsylvania · 1870
3Cited by9 opinions
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Shevalier v. Postal Telegraph Co.Superior Court of Pennsylvania · 1903
- Fischer v. Catawissa RailroadSupreme Court of Pennsylvania · 1896
- Ferguson v. Pittsburgh & Shawmut RailroadSupreme Court of Pennsylvania · 1916
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