Pennsylvania R. v. Marchant
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 142 July Term 1887, Sup. Ct.; court below, No. 183 September Term 1884, C. P. No. 3. On October 25, 1884, an action in case was brought by Edward D. Marchant against the Pennsylvania Railroad Company to recover damages for consequential injuries .to his property, No. 1711 Filbert street, arising from the construction and operation of the Filbert street extension of the defendant company’s roadway.
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ERROR TO THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 142 July Term 1887, Sup. Ct.; court below, No. 183 September Term 1884, C. P. No. 3. On October 25, 1884, an action in case was brought by Edward D. Marchant against the Pennsylvania Railroad Company to recover damages for consequential injuries .to his property, No. 1711 Filbert street, arising from the construction and operation of the Filbert street extension of the defendant company’s roadway. The plaintiff’s declaration averred the ownership and possession by the plaintiff, on June 1, 1881, and subsequently, of a…
1Opinion of the Court
*553Opinion,
Mr. Justice Paxson :
This ease is admittedly upon all fours with Penn. R. Co. v. Lippincott, argued and decided at the last term of the court in the Eastern District, 116 Pa. 472. If that decision is to stand, the present case will have to be reversed, as they are in direct conflict. It is only just to the learned judge below to say, that when this case was tried, the decision in Penn. R. Co. v. Lippincott had not been rendered, nor had it been argued here. Two of our number dissented in that case, and two of those who heard the present case did not hear the former. I was abroad at the…
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