Wheeling, P. & B. R. v. Warrell
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 142 October Term 1888, Sup. Ct.; court below, No. 288 November Term 1884, C. P. On October 11,1884, a summons in ejectment was issued by Charles Warrell against the Wheeling, Pittsburgh & Baltimore Railroad Co. to recover a strip of land described, “ containing about 5.22 acres, being in the possession and occupancy of said defendant corporation and used as a railroad track.” The defendant pleaded, not guilty.
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ERROR TO THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 142 October Term 1888, Sup. Ct.; court below, No. 288 November Term 1884, C. P. On October 11,1884, a summons in ejectment was issued by Charles Warrell against the Wheeling, Pittsburgh & Baltimore Railroad Co. to recover a strip of land described, “ containing about 5.22 acres, being in the possession and occupancy of said defendant corporation and used as a railroad track.” The defendant pleaded, not guilty. At the trial on March 21, 1888, it was admitted that the defendant company was in possession of the land. The plaintiff then…
1Opinion of the Court
Peb Cubiam :
This case is not very complex either in its facts or in the law governing them. The only method by which this company, or its predecessor, could acquire any right whatever in lands, was by making composition with the owner or owners thereof, or by the tender of a bond with sufficient security to cover the damages which might result from its entry and occupancy of the premises, and without so making or securing payment it was absolutely prohibited from such entry or occupancy. Prom this it follows that there could be no presumption in favor of the company: it must affirmatively…
2Cited by13 opinions
- Oliver v. Pittsb. V. & C. Ry. Co.Supreme Court of Pennsylvania · 1890
- Carter v. Ridge Turnpike Co.Supreme Court of Pennsylvania · 1904
- Rosenblatt v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Lewis v. St. Paul, M. &. M. Ry. Co.South Dakota Supreme Court · 1894
- Graham v. Pittsburgh etc. R. Co., Pennsylvania Court of Common Pleas, Lawrence County1891
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