Sipe v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 91, Oct. T., 1907, by defendant, from judgment of C. P. Cambria Co., March T., 1903, No. 355, on verdict for plaintiff in case of D. A. Sipe v. Pennsylvania Railroad Company. Assumpsit, with statement of claim sounding in damages for trespass to real estate. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $13,250. Defendant appealed.
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Appeal, No. 91, Oct. T., 1907, by defendant, from judgment of C. P. Cambria Co., March T., 1903, No. 355, on verdict for plaintiff in case of D. A. Sipe v. Pennsylvania Railroad Company. Assumpsit, with statement of claim sounding in damages for trespass to real estate. The facts are stated in the opinion of the Supreme Court. Yerdict and judgment for plaintiff for $13,250. Defendant appealed. Errors assigned were (1) in overruling demurrer to the form of action and statement filed thereunder; (2) in refusing to strike off appeal, and (29, 31) refusal to affirm points quoted in the opinion of…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff in this case is the owner of a gristmill located on the Little Conemaugh river, in the borough of Summerhill in Cambria county. The main line of the Pennsylvania Railroad crosses the river at two points above the mill. In 1901 the railroad company straightened its tracks in this vicinity, and erected two stone arched bridges over the river. The first bridge was about 6.00 feet from the mill, and was built upon the right of way acquired by the railroad company many years ago. The second bridge was more than 3,700 feet from the mill, and was not upon…
2Cited by13 opinions
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- Tucker Oil Co. v. MatthewsCourt of Appeals of Texas · 1938
- Weber v. LynchSuperior Court of Pennsylvania · 1975
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