Legal Opinion

Norris v. Pittsburgh, Bessemer & Lake Erie R. R.

Supreme Court of Pennsylvania

Decided January 7, 1924No. Appeal, No. 72PublishedCited by 3 opinions

Appeal, No. 72, Oct. T., 1923, by plaintiff, from decree of O. P. Allegheny Co., Oct. T., 1921, No. 2147, dismissing bill in equity, in case of Mary Jane Norris v. Pittsburgh, Bessemer & Lake Erie Railroad Co. Bill in equity for injunction. Before Kline, J. The opinion of the Supreme Court states the facts. Bill dismissed. Plaintiff appealed. Error assigned was, inter alia, decree, quoting records

1Opinion of the Court

Per Curiam,

Defendant appropriated, for widening and improving purposes, 2.15 acres of plaintiff’s farm under authority conferred by the Act of March 17, 1869, P. L. 12, as ap*551pears by plaintiff’s bill, and has given bond to secure payment of all damages she may sustain by reason of the proceeding. Appellant seeks to restrain the taking of the land and avers an appropriation will render her dwelling house uninhabitable, destroy a valuable spring and cut off access to the public road. Defendant demurs to the bill. Admitting these allegations to be true, they fail to establish cause for equitable…

2Cases cited4 opinions

  1. Windsor Glass Co. v. Carnegie Co.Supreme Court of Pennsylvania · 1903
  2. Williams v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1916
  3. Dryden v. Pittsburg, Virginia & Charleston Railway Co.Supreme Court of Pennsylvania · 1904
  4. Snyder v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1904

3Cited by3 opinions

  1. Rutovitsky v. MaglioccoSupreme Court of Pennsylvania · 1959
  2. Laureldale Cemetery Co. v. Reading Co.Supreme Court of Pennsylvania · 1927
  3. King v. Union R. R. Co.Supreme Court of Pennsylvania · 1944

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