Warrell v. Wheeling R.
Supreme Court of Pennsylvania
APPEALS BY CHAS. WARRELL AND S. A. OLIVER ET AL. EROM THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. Nos. 171, 224 October Term 1889, Sup. Ct.; court below, No. 238 November Term 1884, C. P. On October 11, 1884, Charles Warrell brought ejectment against tbe Wheeling, Pittsburgh & Baltimore Railroad Co., to recover a strip of land containing 5.22 acres, then occupied by the line of defendant company’s railroad.
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APPEALS BY CHAS. WARRELL AND S. A. OLIVER ET AL. EROM THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. Nos. 171, 224 October Term 1889, Sup. Ct.; court below, No. 238 November Term 1884, C. P. On October 11, 1884, Charles Warrell brought ejectment against tbe Wheeling, Pittsburgh & Baltimore Railroad Co., to recover a strip of land containing 5.22 acres, then occupied by the line of defendant company’s railroad. At the trial of the cause on March 21, 1888, the plaintiff proved title in himself to the land in dispute and rested. The defendant then put in evidence the organization of the…
1Opinion of the Court
Opinion,
Mb. Justice Stebbett:
These are cross-appeals from the decree distributing a fund paid into court under the following circumstances:
In 1855 the Hempfield Railroad Company located its road through a farm jointly owned by James Warrell, Sr., Rebecca *607Miller, William Warrell, Sarah A. Warrell (now Oliver), and Charles Warrell; and for several years thereafter was engaged in its construction without having tendered a bond, or having-instituted any proceeding for adjustment of the damages. In the meantime no resistance was offered by the landowners, but in September, 1860, they and the…
2Cases cited4 opinions
- McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870
- Davis v. Titusville & Oil City Railway Co.Supreme Court of Pennsylvania · 1886
- Wheeling, P. & B. R. v. WarrellSupreme Court of Pennsylvania · 1888
- Lawrence & Others' AppealSupreme Court of Pennsylvania · 1875
3Cited by6 opinions
- Coons v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1914
- Barr v. Pittsburgh Plate-Glass Co.Court of Appeals for the Third Circuit · 1893
- Reinhart v. Lancaster Area Refuse AuthoritySuperior Court of Pennsylvania · 1963
- James v. West Chester BoroughSupreme Court of Pennsylvania · 1908
- Gordon v. CadwaladerCalifornia Supreme Court · 1916
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