Jones v. Erie & Wyoming Valley Railroad
Supreme Court of Pennsylvania
Appeal No. 320, Jan. T., 1894, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1887, No. 228, on verdict for defendant. Appeal from award of viewers. This was a proceeding to recover damages for the location and construction of the railroad of defendant upon plaintiff’s lot in the city of Scranton. The viewers having refused to award the plaintiff any damages, an appeal was taken by him.
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Appeal No. 320, Jan. T., 1894, by plaintiff, from judgment of C. P. Lackawanna Co., Nov. T., 1887, No. 228, on verdict for defendant. Appeal from award of viewers. This was a proceeding to recover damages for the location and construction of the railroad of defendant upon plaintiff’s lot in the city of Scranton. The viewers having refused to award the plaintiff any damages, an appeal was taken by him. The verdict of the jury on the first trial was in favor of the defendant and the judgment entered thereon was reversed by this court: See Jones v. Railroad Co., 144 Pa. 629, where most of the…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This proceeding was begun upon the theory that an entry by *336a railroad company upon the streets of a city is made by virtue of the right of eminent domain alone, and secures to the railroad company a right of way in and upon the streets so entered sixty feet wide, precisely as though the entry had been made upon the lands of a private owner. The plaintiff claimed that such a right of way would not only cover the street opposite his premises but reach over a few feet upon his lot; and this taking was the injury complained of. The case was tried in the court below…
2Cases cited4 opinions
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
- Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
- Jones v. Erie & Wyoming V. R., Pennsylvania Court of Common Pleas, Wyoming County1892
- Pa. Schuylkill Val. R. R. v. Phila. & Read. R. R.Supreme Court of Pennsylvania · 1893
3Cited by13 opinions
- Board of Supervisors v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1916
- Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
- Peoria & Eastern Railway Co. v. Attica, Covington & Southern Railway Co.Indiana Supreme Court · 1900
- Williams v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1916
- Rosenblatt v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
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