M'Clenachan v. Curwin
Supreme Court of Pennsylvania
Trespass quare clausttm fregit. The following case was stated for the opinion of the court, and agreed to be considered in the nature of a special verdict.
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Trespass quare clausttm fregit. The following case was stated for the opinion of the court, and agreed to be considered in the nature of a special verdict. Under the act of assembly, passed the 9th April 1792, entitled, “ An act to enable the governor of the commonwealth to incorpo- “ rate a company for making an artificial road from the city of “ Philadelphia to Lancaster,” a company was incorporated by the name, style and title, “ of the president, managers and company “ of the Philadelphia and Lancaster turnpike road,” for the purpose of making an artificial road from the city of…
1Opinion of the Court
*Shippen, C. J.
now delivered the opinion of the court; *371] but Yeates, J. being a stockholder in the company, took no part in the decision.
This is an action of trespass brought against the superintendent of the artificial road, leading from Philadelphia to Lancaster, called the Turnpike Road, for entering on the cleared tilled and enclosed lands of the plaintiff, situate in the county of Chester, and digging up the said land for a certain distance, and overlaying the same along the route or track of the said road with stone and gravel, and for throwing down the inclosure or fence of the…
2Cases cited6 opinions
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Workman v. MifflinSupreme Court of Pennsylvania · 1858
- Jarden v. Philadelphia, Wilmington & Baltimore Rail RoadSupreme Court of Pennsylvania · 1838
- Township of East Union v. ComreySupreme Court of Pennsylvania · 1882
- Plank-Road Co. v. RamageSupreme Court of Pennsylvania · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Opening a Private Road for the Benefit of O'ReillySupreme Court of Pennsylvania · 2010
- Workman v. MifflinSupreme Court of Pennsylvania · 1858
- In Re Opening Private Road Ex Rel. O'ReillyCommonwealth Court of Pennsylvania · 2008
- City of Philadelphia v. Hestonville, Mantua & Fairmount Passenger RailroadSupreme Court of Pennsylvania · 1896
- In re Johnstown, Indiana & Westmoreland Turnpike Co.Superior Court of Pennsylvania · 1897
13 more not listed; retrieve them via the Exa API.