Thompson v. Citizens Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 55, Oct. T., 1896, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. Term, 1892, No. 450, on verdict for plaintiffs. Trespass for injury to land caused by the construction of a street railway upon a public road.
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Appeal, No. 55, Oct. T., 1896, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. Term, 1892, No. 450, on verdict for plaintiffs. Trespass for injury to land caused by the construction of a street railway upon a public road. Before Stowe, P. J. The court charged in part as follows : The first question is, what was the damage done ? And we will consider in this connection that the Supreme Court have said that notwithstanding the track goes there without the consent of the property holder — and I presume the same rule would apply to the borough authorities — if the property owner…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The right of the plaintiffs to compensation for the injury done to their property by the change of grade of the highway in front of it and the construction thereon of the railway is not disputed. The defendant however contends that the court adopted a wrong method of ascertaining the compensation they were entitled to receive for the injury thus inflicted. All the specifications of error relate to this contention, and the cases cited as sustaining it are Lentz v. Carnegie, 145 Pa. 612; McGettigan v. Potts, 149 Pa. 155, and Eshleman v. Martic Township, 152 Pa.…
2Cases cited5 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Lentz v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1892
- McGettigan v. PottsSupreme Court of Pennsylvania · 1892
- Eshleman v. Martic TownshipSupreme Court of Pennsylvania · 1892
- Williams v. FulmerSupreme Court of Pennsylvania · 1892
3Cited by15 opinions
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
- Weaver v. Berwind-White Coal Co.Supreme Court of Pennsylvania · 1907
- Carpenter v. LancasterSupreme Court of Pennsylvania · 1905
- Becker v. Lebanon & Myerstown Street Railway Co.Superior Court of Pennsylvania · 1904
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