Cumberland Valley Railroad v. McLanahan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: Of May Term 1868. Ho. 46. This was an action of ejectment, brought July 24th 1866, by John B. McLahahan against The Cumberland Yalley Railroad Company. After bringing the suit the plaintiff specified his claim to be for 1501 square feet in Chambersburg, on which a corner of defendants’ warehouse’was built. The premises were part of a piece of land which, on the 13th of December 1839, belonged to Margaret McKnight.
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Error to the Court of Common Pleas of Franklin county: Of May Term 1868. Ho. 46. This was an action of ejectment, brought July 24th 1866, by John B. McLahahan against The Cumberland Yalley Railroad Company. After bringing the suit the plaintiff specified his claim to be for 1501 square feet in Chambersburg, on which a corner of defendants’ warehouse’was built. The premises were part of a piece of land which, on the 13th of December 1839, belonged to Margaret McKnight. On that day she conveyed to Thomas G. McCulloh and George Chambers. McCulloh died about September 1848. On the 1st of August…
1Opinion of the Court
The opinion of the court was delivered, May 20th 1868, by
Sharswood, J.
The 1st assignment of error relates to the form of action. It is a perfectly well-settled principle that when the legislature has provided a specific remedy for the recovery of damages for injuries sustained by the construction of a work of internal improvement by a corporation, a party injured cannot have recourse to a common-law action: McKinney v. The Monongahela Nav. Co., 2 Harris 65. The defendants below were incorporated by the Act of April 2d 1831, Pamph L. 373, entitled “An act to incorporate the Cumberland Yalley…
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