Brown v. Corey & Peterson
Supreme Court of Pennsylvania
ERR.OR to the District Court of Allegheny county. This was an appeal by William H. Brown from the report of the viewers appointed on the petition of James B. Corey and John H. Peterson, for a lateral railroad. The issues were, 1st, in regard to the title of petitioners to the land and the coal claimed by them in their petition; and, 2d, should that issue be found in favour of petitioners, then the jury was to assess the damages which Brown would sustain.
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ERR.OR to the District Court of Allegheny county. This was an appeal by William H. Brown from the report of the viewers appointed on the petition of James B. Corey and John H. Peterson, for a lateral railroad. The issues were, 1st, in regard to the title of petitioners to the land and the coal claimed by them in their petition; and, 2d, should that issue be found in favour of petitioners, then the jury was to assess the damages which Brown would sustain. The petitioners claimed to own a river landing containing about twenty acres, and about fourteen acres of coal under surface of D. Shaw,…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
The defendants in error having become owners of certain coal lands lying in Versailles township, Allegheny county, pvithin three miles of tile Monongahela navigation, applied to the District Court, under the Lateral Railroad Law, for a right of way, underground, through a stratum of coal,- owned by the plaintiff in error, William H. Brown. A view was had of the premises, which resulted in an assessment of damages to Brown of $2500, from which he appealed on the 13th of March 1860. On the trial of the cause in court, in April 1862, he asked…
2Cases cited1 opinion
- Scott v. ScottOhio Supreme Court · 1833
3Cited by5 opinions
- Arnold v. Buffalo, Rochester & Pittsburg Railway Co.Superior Court of Pennsylvania · 1907
- Farrington v. CommonwealthCommonwealth Court of Pennsylvania · 1978
- Galbraith v. Philadelphia Co.Superior Court of Pennsylvania · 1896
- Bosacco v. Redevelopment AuthoritySupreme Court of Pennsylvania · 1983
- Vanderveen v. Commonwealth, Pennsylvania Court of Common Pleas, Mercer County1968