Legal Opinion

Jarden v. Philadelphia, Wilmington & Baltimore Rail Road

Supreme Court of Pennsylvania

Decided April 23, 1838PublishedCited by 14 opinions

This case came before the Court on a motion to dissolve an injunction which had been granted on the filing of a bill by William Jarden, against the Philadelphia, Wilmington and Baltimore Railroad Company.

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This case came before the Court on a motion to dissolve an injunction which had been granted on the filing of a bill by William Jarden, against the Philadelphia, Wilmington and Baltimore Railroad Company. The bill set forth, “That Jacob Lesher, the elder, on the ninth day of June, A. d. 1835, died, seized in his demesne as of fee, of a certain tract or piece of land situate in the township of Passyunk and county of Philadelphia, beginning at a post standing in a lane called Sober’s Lane, adjoining land of Israel Pemberton, and runs thence N. 63° 45' W. ninety-four perches to a post standing…

1Opinion of the Court

The of the Court was delivered

Sergeant, J. —

The mode of assessing the damages sustained by an individual, whose land is taken for the purpose of opening a public road which passes .through it, is now prescribed by the 6th, 7th, and 8th, sections of the act of the 13th June, 1836, reto roads, highways, and bridges. After the road has been ou* ^y *viewers, and approved by the Court, and entered of record, it is to be opened as soon as practicable ; and the owner of the land through which the road is opened, may, within one year from the opening of the same, apply by petition to the Court of.…

2Cases cited2 opinions

  1. M'Masters v. CommonwealthSupreme Court of Pennsylvania · 1834
  2. Finley v. AikenSupreme Court of Pennsylvania · 1855

3Cited by14 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. Commonwealth v. Pittsburgh & Connellsville RailroadSupreme Court of Pennsylvania · 1855
  3. Masson & Besanson's AppealSupreme Court of Pennsylvania · 1872
  4. M'Clenachan v. CurwinSupreme Court of Pennsylvania · 1802
  5. Grugan v. PhiladelphiaSupreme Court of Pennsylvania · 1893

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