Willock v. Beaver Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 221, Oct. T., 1908, by-defendant, from judgment of C. P. Beaver Co., March T., 1907, No. 223, on verdict for plaintiff in case of John P. Willock to use of W. S. Willock v. Beaver Valley Railroad Company. Trespass to recover injuries to land. Before Prather, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 221, Oct. T., 1908, by-defendant, from judgment of C. P. Beaver Co., March T., 1907, No. 223, on verdict for plaintiff in case of John P. Willock to use of W. S. Willock v. Beaver Valley Railroad Company. Trespass to recover injuries to land. Before Prather, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Defendant presented these points: 4. If the jury find from the evidence that the fee to the whole ground upon which the railroad is constructed in front of the plaintiff’s property does not belong to plaintiff, but is the property of the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
There can be no proper disposition of this case without a determination of the question of title to the fee in Fifth street. If appellee, an abutting property owner, has no title to the fee in the street upon which the railroad is constructed, he cannot recover compensation in the nature of damages for property taken, injured or destroyed, because under such circumstances he would not suffer a legal injury. The first contention of learned counsel for appellant is that the town of Beaver was laid out under legislative authority on lands belonging to the state, and…
2Cases cited6 opinions
- Paul v. CarverSupreme Court of Pennsylvania · 1856
- Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
- Penn. Schuyl. V. R. v. ZiemerSupreme Court of Pennsylvania · 1889
- Neely v. PhiladelphiaSupreme Court of Pennsylvania · 1905
- Penn. Schuyl. V. R. v. WalshSupreme Court of Pennsylvania · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Saccone v. West End Trust Co.Supreme Court of Pennsylvania · 1909
- Bell v. Pittsburgh Steel Co.Supreme Court of Pennsylvania · 1914
- Willock v. Beaver Valley RailroadSupreme Court of Pennsylvania · 1911
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
- Ogontz AvenueSupreme Court of Pennsylvania · 1909
6 more not listed; retrieve them via the Exa API.