Pennsylvania Railroad v. Duncan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia County: Of July Term, 1884, No. 109. This was an action of trespass on the case brought by George R. Duncan against the Pennsylvania Railroad Company, June 6th, 1881, to recover for damage done by the defendant to his real estate situate on the northeast side of Filbert street, and extending from Twenty-Third street to the Schuylkill river, Philadelphia.
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Error to the Court of Common Pleas No. 2, of Philadelphia County: Of July Term, 1884, No. 109. This was an action of trespass on the case brought by George R. Duncan against the Pennsylvania Railroad Company, June 6th, 1881, to recover for damage done by the defendant to his real estate situate on the northeast side of Filbert street, and extending from Twenty-Third street to the Schuylkill river, Philadelphia. He alleged in his narr that he suffered damage to his property from the construction and operation of the defendant’s railroad, as follows: From the construction of an abutment and…
1Opinion of the CourtJustice Gordon
We full}'- agree with all that has been said by the learned counsel for the plaintiff in error as to the inviolability of the charter of the Pennsylvania Railroad Company. We not only now assent, as we always have done, to the principle announced by the Supreme Court of the United States, in the Dartmouth College case, but are perfectly aware that whether we so assent or not, we must, as a subordinate jurisdiction, give to that case its proper effect. We also agree, that the framers of the Constitution of 1874, did not intend to violate the laws of the Federal Government, or to repeal the…
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