Struthers v. Dunkirk, Warren & Pittsburgh Railway Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: Of May Term 1878, No. 129. Case by Thomas Struthers against the Dunkirk, Warren and Pittsburgh Railway Co. Under an Act of Assembly approved March 24th 1870, Pamph. L. 550, the Conewango Yalley Railroad Company was organized, and letters patent issued prior to April 18th 1870. On the 5th of May 1870 it was consolidated with defendants’ road, and became “The Dunkirk, Warren and Pittsburgh Railway Company.”
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Error to the Court of Common Pleas of Warren county: Of May Term 1878, No. 129. Case by Thomas Struthers against the Dunkirk, Warren and Pittsburgh Railway Co. Under an Act of Assembly approved March 24th 1870, Pamph. L. 550, the Conewango Yalley Railroad Company was organized, and letters patent issued prior to April 18th 1870. On the 5th of May 1870 it was consolidated with defendants’ road, and became “The Dunkirk, Warren and Pittsburgh Railway Company.” The Conewango Yalley Railroad Company, by the act of incorporation, were authorized to construct a railroad, with one or more tracks,…
1Opinion of the CourtJustice Paxson
The defendant corporation was authorized by its charter to construct a railroad from the northern boundary of the county of Warren to any point in the borough of Warren. With the consent of the borough authorities, the defendants, in August 1871, laid and constructed their railroad along the centre of High street, in the borough of Warren, directly in front of plaintiff’s premises. At the time the defendants’ road was being constructed, the plaintiff had erected and nearly completed, at considerable expense, a handsome dwelling-house on his said premises, and brought this' action of trespass…
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