Brown v. Pine Creek Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 102, Jan. T., 1897, by defendants, from judgment of C. P. Lycoming Co., Sept. T., 1894, No. 389, on verdict for plaintiffs. Trespass for injury to land by tbe breaking of a culvert.
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Appeal, No. 102, Jan. T., 1897, by defendants, from judgment of C. P. Lycoming Co., Sept. T., 1894, No. 389, on verdict for plaintiffs. Trespass for injury to land by tbe breaking of a culvert. Before Metzger, P. J. Tbe facts appear by tbe opinion of the Supreme Court, and by tbe charge of the court below as follows : This is -an action of trespass brought by Simon B. Brown and Sarah J. Brown, bis wife, against the Pine Creek Railway Company, for the purpose of recovering for an alleged injury caused to the farm owned by the plaintiffs, situate on Pine creek, and which injury is alleged to…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The plaintiffs were, and for many years had been, the owners of a farm, containing sixty-six acres, in Cummings township, Lycoming county. Its northern boundary was Pine creek. In September, 1882, the predecessor of what is now the Pine Creek *49Railway Company, appropriated for railroad purposes, under its right of eminent domain, a roadbed ninety feet in width, and in quantity about four and three fourth acres, running through the farm. The parties could not agree upon the amount of damages, and viewers being appointed to assess them awarded to plaintiffs $593.75.…
2Cases cited1 opinion
- Pittsburg, Fort Wayne & Chicago Railway v. GillelandSupreme Court of Pennsylvania · 1868
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