Lawrence & Others' Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Schuylkill county: In Equity: Of January Term 1874, No. 322. The bill in this case was filed May 9th 1872, by the Philadelphia and Reading Railroad Company against Jacob S. Lawrence and others, partners as Lawrence, Merkle & Co., lessees, and divers other persons, owners of the land referred to in the bill.
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Appeal from the Court of Common Pleas of Schuylkill county: In Equity: Of January Term 1874, No. 322. The bill in this case was filed May 9th 1872, by the Philadelphia and Reading Railroad Company against Jacob S. Lawrence and others, partners as Lawrence, Merkle & Co., lessees, and divers other persons, owners of the land referred to in the bill. The bill set forth that the Mahanoy and Broad Mountain Railroad Company, chartered under the General Railroad Law of February 19th 1849, completed their railroad in the year 1860, including an inclined plane, known as the “Mahanoy Plane,” extending…
1Opinion of the Court
Judgment was entered in the Supreme Court, June 8th 1875,
2Per curiam
We find no error in this decree. The railroad company had actually appropriated the land, and built and used its railway long before any title by lease of the coal mines had vested in the defendants. This is admitted in the answer. Th e owner of the land made no objection to this appropriation, but after a proceeding to assess the damages had been prosecuted, finally compromised and released. The title of the railroad company came not through this proceeding, but by its original entry and appropriation without objection. The release…
3Cited by10 opinions
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- Rosenblatt v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Barron's Use v. United Railway Co.Superior Court of Pennsylvania · 1928
- Warrell v. Wheeling R.Supreme Court of Pennsylvania · 1890
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