Curtis v. Pittsburgh, McKeesport & Youghiogheny Railroad
Supreme Court of Pennsylvania
Appeal, No. 184, January T., 1915, by plaintiff, from order of C. P. Fayette Co., March T., 1913, No. 423, refusing to take off nonsuit, in case of Frank-Curtis v. Pittsburgh, McKeesport & Youghiogheny Railroad Company. Trespass to recover damages for injuries to plaintiff’s property by reason of the relocation and elevation of a road adjacent thereto. Before Umbel, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 184, January T., 1915, by plaintiff, from order of C. P. Fayette Co., March T., 1913, No. 423, refusing to take off nonsuit, in case of Frank-Curtis v. Pittsburgh, McKeesport & Youghiogheny Railroad Company. Trespass to recover damages for injuries to plaintiff’s property by reason of the relocation and elevation of a road adjacent thereto. Before Umbel, P. J. The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiff appealed. Error assigned,, among others, was in refusing to take off…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff claimed damages for consequential injuries ■ to three certain-pieces of real estate owned by. *482him in the Borough of Connellsville (formerly New Haven) growing out of the relocation and reconstruction of the defendant’s railroad; he averred that “there was and had been for many years a public road, known as the Connellsville and Vanderbilt road (within said borough, known as Torrence avenue), so located as to pass along all three of said properties, enabling the plaintiff, together with the general traveling public, easily to get from one tract…
2Cases cited3 opinions
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- Palo Alto RoadSupreme Court of Pennsylvania · 1894
- Warner v. Coatesville BoroughSupreme Court of Pennsylvania · 1911
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- Turkey Run Fuels, Inc. AppealSuperior Court of Pennsylvania · 1953
- In re Borough of DormontSuperior Court of Pennsylvania · 1919