Legal Opinion

Walker v. South Chester Railroad

Supreme Court of Pennsylvania

Decided March 9, 1896No. Appeal, No. 132PublishedCited by 1 opinion

Appeal, No. 132, Jan. T., 1896, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1893, No. 68, on verdict for plaintiff. Appeal from the award of viewers. At the trial it appeared that J. Newton Walker, the plaintiff, was the owner of a tract of farm land in the borough of Marcus Hook, Delaware county, Pa., containing about seventy-four acres.

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Appeal, No. 132, Jan. T., 1896, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1893, No. 68, on verdict for plaintiff. Appeal from the award of viewers. At the trial it appeared that J. Newton Walker, the plaintiff, was the owner of a tract of farm land in the borough of Marcus Hook, Delaware county, Pa., containing about seventy-four acres. The South Chester Railroad Company was located across this farm some time during the year 1892, and the land taken by the railroad company was condemned on November 1, 1892. The said railroad was constructed between November 1, 1892, and…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The defendant’s road is located across a tract of land containing seventy-four acres owned by the plaintiff and situated *290within the borough of Marcus Hook. All of the land excepting a small portion occupied by a clubhouse was used for farming purposes. Condemnation proceedings were begun November 1, 1892, and the construction of the road was finished the same year. During the latter part of 1892, and after the location of the road, a street plan of the borough was prepared. It was not completed until after the road was finished, and it was not approved, if ever…

2Cases cited3 opinions

  1. Spring City Gas Light Co. v. Pennsylvania Schuylkill Valley R. R.Supreme Court of Pennsylvania · 1895
  2. Markle v. Phila.Supreme Court of Pennsylvania · 1894
  3. Phillips v. St. Clair Incline Plane Co.Supreme Court of Pennsylvania · 1895

3Cited by1 opinion

  1. Brewer v. Blue Mountain Consolidated Water Co.Superior Court of Pennsylvania · 1937

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