Riefler & Sons v. Wayne Storage Water Power Co.
Supreme Court of Pennsylvania
Appeal, No. 277, Jan. T., 1911, by plaintiff, from judgment of C. P. Wayne Co., Oct. T., 1908, No. 158, in case of Reifler & Sons, Incorporated, v. The Wayne Storage Water Power Company. Ejectment for lands in Lebanon Township. Before Fuller, J., specially presiding, without a jury. The facts appear in the opinion of the Supreme Court. Error assigned was in entering judgment for defendant.
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Appeal, No. 277, Jan. T., 1911, by plaintiff, from judgment of C. P. Wayne Co., Oct. T., 1908, No. 158, in case of Reifler & Sons, Incorporated, v. The Wayne Storage Water Power Company. Ejectment for lands in Lebanon Township. Before Fuller, J., specially presiding, without a jury. The facts appear in the opinion of the Supreme Court. Error assigned was in entering judgment for defendant. The clause was in the nature of a reservation, and not an exception: Kister v. Reeser, 98 Pa. 1; Moffitt v. Lytle, 165 Pa. 173; Sheffield Water Co. v. Elk Tanning Co., 225 Pa. 614; Duross v. Singer, 224 Pa.…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
On March 8,1851, the corporation entitled, The President, Manager & Company of the Delaware & Hudson Canal Company, conveyed by three separate deeds to Russell F. Ford and Thomas H. R. Tracy three tracts of land situated in Lebanon township, Wayne county, Pa., containing in all about 1,164 acres. Each deed contained *285the following clause: “excepting out of the premises aforesaid, and hereby expressly reserving to the said President, Manager & Company of the Delaware & Hudson Canal Company, and their successors and assigns, the absolute and unqualified right to…
2Cases cited7 opinions
- Kister v. ReeserSupreme Court of Pennsylvania · 1881
- Perrin v. GarfieldSupreme Court of Vermont · 1864
- Sheffield Water Co. v. Elk Tanning Co.Supreme Court of Pennsylvania · 1909
- Whitaker v. BrownSupreme Court of Pennsylvania · 1864
- Cady v. Springfield Water Works Co.New York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clements v. Sannuti Et Ux.Supreme Court of Pennsylvania · 1946
- Coffin v. Old Orchard Development Corp.Supreme Court of Pennsylvania · 1962
- Slear v. JankiewiczCourt of Appeals of Maryland · 1947
- Fleck v. Universal-Cyclops Steel Corp.Supreme Court of Pennsylvania · 1959
- Lerner v. PoulosSupreme Court of Pennsylvania · 1963
7 more not listed; retrieve them via the Exa API.