Postal Telegraph Cable Co. v. Philadelphia & Western Railway Co.
Superior Court of Pennsylvania
Appeal, No. 33, Oct. T., 1918, by plaintiff, from order of O. P. No. 1, Philadelphia Co., Dec. T., 1916, No. 2441, refusing to take off nonsuit in case of Postal Telegraph Cable Co. v. Philadelphia & Western Railway Co. Trespass to recover damages for injuries to telegraph line. Before Shoemaker, J. The facts are set forth in the opinion of the Superior Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff company brought this action of trespass to recover damages alleged to have been sustained by the construction of the railroad of the defendant company upon and across the Gulph Road, upon which the plaintiff company had previously constructed and was operating a telegraph line, under the authority conferred by the Post Road Act of Congress of July 21, 1866. The court below, after the presentation of plaintiff’s evidence, entered a judgment of nonsuit, which it subsequently refused to take off, and to this action the only specification of error goes.
The…
2Cases cited5 opinions
- Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Town of Essex v. New England Telegraph Company of MassachusettsSupreme Court of the United States · 1915
- American Telegraph & Telephone Co. v. Harborcreek TownshipSuperior Court of Pennsylvania · 1903
- Postal Telegraph Cable Co. v. Keystone State Construction Co.Superior Court of Pennsylvania · 1916
- McGrane v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1902
3Cited by1 opinion
- Horn v. Co. of NorthamptonSuperior Court of Pennsylvania · 1931