Smucker v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 136, Jan. T., 1898, by defendant, from judgment of Superior Court, March T., 1897, No. 26, reversing judgment of C. P. Huntingdon Co., Sept. T., 1891, No. 43, on verdict for defendant. Trespass for alleged illegal occupation of lands. Tried in the court of common pleas, before Bell, P. J., of the 24th judicial district, specially presiding. Appeal from the Superior Court. The facts appear by tbe report of the case in 6 Pa.
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Appeal, No. 136, Jan. T., 1898, by defendant, from judgment of Superior Court, March T., 1897, No. 26, reversing judgment of C. P. Huntingdon Co., Sept. T., 1891, No. 43, on verdict for defendant. Trespass for alleged illegal occupation of lands. Tried in the court of common pleas, before Bell, P. J., of the 24th judicial district, specially presiding. Appeal from the Superior Court. The facts appear by tbe report of the case in 6 Pa. Superior Ct. 521, and by the opinion of the Supreme Court, infra. Error assigned was in reversing judgment of the court of common pleas.
1Opinion of the Court
Opinion bx
Me. Justice Dean,
The controversy is as to a strip of land only a few feet wide *42between tbe main line of the Pennsylvania railroad and the Juniata river, where the railroad runs through the borough of Huntingdon. On November 21, 1787, the commonwealth granted to William Smith a tract of land which had for its southern boundary the river; in 1795, Smith laid out the town of' Huntingdon on that part of the land adjoining the river. That his plan, from its description, included all the land to the river, is too plain for discussion; no land was intended to be left unappropriated on the…
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