Legal Opinion

Allison v. Bigelow

Superior Court of Pennsylvania

Decided October 15, 1917No. Appeal, No. 34PublishedCited by 6 opinions

Appeal, No. 34, April T., 1917, by defendant, from judgment of C. P. Mercer Co., April T., 1915, No. 30, on verdict for plaintiff in case of H. W. Allison v. E. M. Bigelow, State Highway Commissioner of Pennsylvania.

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Appeal, No. 34, April T., 1917, by defendant, from judgment of C. P. Mercer Co., April T., 1915, No. 30, on verdict for plaintiff in case of H. W. Allison v. E. M. Bigelow, State Highway Commissioner of Pennsylvania. Issue certified from the Court of Quarter Sessions of Mercer County to the Court of Common Pleas to determine the amount of damages sustained by the plaintiff by reason of a portion of his property being appropriated by the State highway commissioner, under Section 16 of the Act of May 31, 1911, P. L. 468. Before A. W. Williams, P. J. At the trial it appeared that the…

1Opinion of the Court

Opinion bx

Head, J.,

The brief from the office of the attorney general is interesting, elaborate and instructive. But after the most mature reflection we are able to give to the questions involved we are impelled to the conclusion they lie within a narrow compass. Their solution, depending, as it does, on the construction of a statute, is not rendered any more difficult by the fact the State of Pennsylvania is a party litigant. In our conception of government there is no place for what we call the State if it is to be regarded as something different from or superior to the people who compose…

2Cases cited3 opinions

  1. Jamison v. Cumberland CountySupreme Court of Pennsylvania · 1912
  2. Jamison v. Cumberland CountySuperior Court of Pennsylvania · 1911
  3. Jamison v. Cumberland CountySuperior Court of Pennsylvania · 1909

3Cited by6 opinions

  1. State Highway Route No. 72Supreme Court of Pennsylvania · 1919
  2. State Highway Route No. 72Superior Court of Pennsylvania · 1919
  3. Espenshade Condemnation, Pennsylvania Court of Common Pleas, Dauphin County1956
  4. Eyer v. Forks Township, Pennsylvania Court of Common Pleas, Northampton County1925
  5. Llewellyn's PetitionButler County Court of Quarter Sessions · 1929

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