Palmer v. Delaware, Lackawanna & Western R. R.
Supreme Court of Pennsylvania
Appeal, No. 277, Jan. T., 1923, by plaintiffs, from judgment of C. P. Lackawanna Co., Jan. T., 1919, No. 287, on verdict for defendant, in case of W. Scott Palmer et al. v. Delaware, Lackawanna & Western Railroad. Trespass for removal of switch. Before Newcomb, J. The opinion of the Supreme Court states the facts. Judgment on directed verdict for defendant. Plaintiffs appealed. Error assigned, inter alia, was direction for defendant, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
The plaintiffs, W. Scott' Palmer et al., were owners of land in G-lenburn Borough, Lackawanna County, with an ice pond, ice houses, etc., thereon. The main track *3of the Delaware, Lackawanna and Western Railroad Company, defendant, was near by and in 1883 it built a switch or turnout to the ice plant, which it extended, about 1890, to a new. ice house on the same property. Plaintiff paid defendant one-half the initial cost of the original switch and did $200 worth of grading on the extension. As an inducement to build the switch, plaintiffs agreed to and did ship…
2Cases cited14 opinions
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