Shenango & Allegheny Railroad v. Braham
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county: Of October and November Term 1875, No. 154. The proceedings in this case were commenced March 20th 1874, upon the petition of William P. Braham for the appointment of viewers to assess damagers to his farm in Mercer township, by reason of the construction of The Shenango and Allegheny Railroad through it.
Read the full summary
Error to the Court of Common Pleas of Butler county: Of October and November Term 1875, No. 154. The proceedings in this case were commenced March 20th 1874, upon the petition of William P. Braham for the appointment of viewers to assess damagers to his farm in Mercer township, by reason of the construction of The Shenango and Allegheny Railroad through it. The viewers having reported, the defendants appealed to the Court of Common Pleas; the court directed that the case be put at issue in the form of action of trespass quare clausum fregit, in which the petitioner was plaintiff and the…
1Opinion of the CourtJustice Paxson
The third section of the Act of 9th April 1856, Pamph. L. 288, regulating appeals from the award of 'viewers appointed to assess *452damages for the taking of land for the construction of railroads, provides, that after appeal taken, either party may put the cause at issue, in the form directed by the court. This cause was put at issue as in an action of trespass quare clausum, fregit. The form of the issue was allowable under the Act of Assembly. It does not follow, however, that because the issue was formed in trespass, the defendants were trespassers, and it was error to try the cause upon his…
2Cases cited1 opinion
- Scott v. ScottOhio Supreme Court · 1833
3Cited by12 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Wanamaker v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1971
- Snyder v. CommonwealthSupreme Court of Pennsylvania · 1963
- Marine Coal Co. v. Pittsburgh, McKeesport & Youghiogheny RailroadSupreme Court of Pennsylvania · 1914
- Philadelphia Ball Club, Ltd. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1899
7 more not listed; retrieve them via the Exa API.