Underwood v. Pennsylvania, Monongahela & Southern Railroad
Supreme Court of Pennsylvania
Appeal, No. 32, Oct. T., 1916, by plaintiff, from judgment of O. P. Greene Co., March T., 1914, No. 86, on directed verdict for defendant, in case of Thomas J. Underwood v. Pennsylvania, Monongahela and Southern Railroad Company. Appeal from award of viewers in condemnation proceedings. Issue to determine the ownership of a fund. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed.
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Appeal, No. 32, Oct. T., 1916, by plaintiff, from judgment of O. P. Greene Co., March T., 1914, No. 86, on directed verdict for defendant, in case of Thomas J. Underwood v. Pennsylvania, Monongahela and Southern Railroad Company. Appeal from award of viewers in condemnation proceedings. Issue to determine the ownership of a fund. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed. Errors assigned were instructions to the jury and in directing a verdict for defendant.
1Opinion of the Court
Opinion by
Me. Justice Feazee,
On November 17, 1902, defendant, pursuant to plans and a previous survey, adopted a resolution appropriating a right of way for its railroad over land in Rice’s Landing, Green County, owned by Peter Sharpnack. Nothing further was done, either by defendant or the landowner, with a view to securing damages until October, 1911, when the railroad company filed a bond and presented a petition for its approval by the court and also a petition for the appointment of viewers to assess damages. In 'the meantime Peter Sharpnack having died his heirs on February 15, 1911,…
2Cases cited9 opinions
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Wayne v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
- Western Pennsylvania Railroad v. JohnstonSupreme Court of Pennsylvania · 1868
- Fischer v. Catawissa RailroadSupreme Court of Pennsylvania · 1896
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- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- Barron's Use v. United Railway Co.Superior Court of Pennsylvania · 1928
- Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania · 1919
- Mountain Water Supply Co. v. Sagamore Coal Co., Pennsylvania Court of Common Pleas, Fayette County1922
- Price v. WhelanSupreme Court of Pennsylvania · 1918
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