Tucker v. Erie & North-East Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. The plaintiffs in error, Huldah L. Tucker et al., were the owners-of a farm across which the Erie and North-East Railroad Company located their road. Upon the land were a saw-mill, woollen factory, &c., which were injured because of the obstruction by the railroad to the free flow of the water driving the machinery.
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Error to the Common Pleas of Erie county. The plaintiffs in error, Huldah L. Tucker et al., were the owners-of a farm across which the Erie and North-East Railroad Company located their road. Upon the land were a saw-mill, woollen factory, &c., which were injured because of the obstruction by the railroad to the free flow of the water driving the machinery. On the 11th November, 1854, the company presented their petition, authenticated by the corporate seal and the signature of their attorney, praying the court to award a venire for a jury under the Act of 1842 incorporating the company, to…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
The objections to the confirmation of the report made by the viewers in this case may be briefly stated thus:—
1st. That the petition for the view was not signed by any officer of the company, nor by any one having authority to sign it.
2d. That the jury did not take into consideration the expense and costs of keeping up the fences on each side of the railroad for all time to come, and did not take into consideration future damages that will or may happen to exceptants’ estate.
3d. That it does not appear from the record that any effort was made…
2Cited by2 opinions
- Hileman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1901
- York Ice MacHinery Corp. v. RobbinsSupreme Court of Pennsylvania · 1936