Legal Opinion

Philadelphia & Reading Railroad v. Obert

Supreme Court of Pennsylvania

Decided October 5, 1885No. 115PublishedCited by 15 opinions

Error to the Court of Common Pleas of Berks county: Of January Term 1885, No. 115. This was a proceeding under the general railroad law by Francis J. Obert, plaintiff, against the Philadelphia & Reading Railroad Company, defendant, to obtain an assessment of damages to the plaintiff for a strip of land in the city of Reading, taken by the defendant for an additional track.

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Error to the Court of Common Pleas of Berks county: Of January Term 1885, No. 115. This was a proceeding under the general railroad law by Francis J. Obert, plaintiff, against the Philadelphia & Reading Railroad Company, defendant, to obtain an assessment of damages to the plaintiff for a strip of land in the city of Reading, taken by the defendant for an additional track. The viewers filed a report estimating Obert’s damages at $7,266, upon which report judgment was entered. By agreement of counsel the case was then put on the trial list without further pleadings, Obert to take the…

1Opinion of the CourtJustice Clark

This is a proceeding under the general railroad law, for the assessment of damages to Frauds J. Obert, for a strip of land in the city of Reading, taken and appropriated by the Philadelphia & Reading Railroad Company for an additional track. The plaintiff claims that he is the owner of the land in question, and that ho is entitled to recover the damages which he has suffered in consequence of such appropriation. The defendants deny that he is, or ever has been, the owner, and claim that the title thereto became vested in the defendants, in fee simple, under a deed of Henry Hahs, dated 11th…

2Cited by15 opinions

  1. Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
  2. Lenhart v. WrightSupreme Court of Pennsylvania · 1926
  3. Jones v. Erie & Wyoming V. R., Pennsylvania Court of Common Pleas, Wyoming County1892
  4. Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925
  5. Rodgers v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1917

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