Phiadelphia & Trenton R. R. v. Rogers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bucks County, 211 July Term, 1883. This was a proceeding to assess damages, for taking land, and injuring‘property of the plaintiffs.
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Error to the Court of Common Pleas of Bucks County, 211 July Term, 1883. This was a proceeding to assess damages, for taking land, and injuring‘property of the plaintiffs. It came into Court on an appeal of an award of viewers assessing damages, sustained by tbe plaintiffs below, by reason of a change in the location, and the laying of two additional tracks of the railroad by the Philadelphia & Trenton R. R. Co., whereby some land was taken, and buildings removed, and other buildings endangered, by reason of the proximity of the tracks as proposed to be laid. The Court-charged the jury as…
1Opinion of the Court
The Supreme Court affirmed the judgment of the Common Pleas'on May 26, 1884, in the following opinion:
2Per curiam
We are of the opinion that the Court below committed no error in the trial of this case. There are no less than ten assignments or error, but they contain nothing that is novel, or upon which this Court has not repeatedly passed. The ninth assignment embraces pretty much the whole case of the plaintiff in error, for if the danger of fire from the proximity of the proposed new tracks, was to be regarded as an element to be considered in the assessment of damages. The other instructions and…
3Cases cited1 opinion
- Wilmington & Reading Railroad v. StaufferSupreme Court of Pennsylvania · 1869