Pennsylvania & New York Railroad & Canal Co. v. Bunnell
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas of Wyoming county : To January Term 1871. This was a proceeding by James Bunnell for the assessment of damages sustained by him by the location and construction of the railroad of the Pennsylvania and New York Canal and Railroad company through his premises.
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Certiorari to the Court of Common Pleas of Wyoming county : To January Term 1871. This was a proceeding by James Bunnell for the assessment of damages sustained by him by the location and construction of the railroad of the Pennsylvania and New York Canal and Railroad company through his premises. The petition was filed January 28d 1869 ; it set out that petitioner was “ * * * the owner of a certain tract of land, containing about twenty-two acres, bounded on the north by John Bunnell, Jr., east by the North Branch Canal, south by Charles Place, west by the highway, and that the Pennsylvania…
1Opinion of the Court · SharswoodJustice Sharswood
This was a proceeding in the court below to assess damages for land taken by the Pennsylvania and New York Canal and Railroad Company, under the eleventh section of the Act of Assembly of February 19th 1849, Pamph. L. 84. Exceptions were filed to th'e report of the viewers, the dismissal of which has been assigned here for error. It will not be necessary to consider them seriatim— a few general principles will dispose of them all.
The idea that all amendment must depend upon statute is essentially erroneous. Every court of record has at common law a power of amendment, the difference between…
Also in this document: Opinion of the Court · Sharswood.
2Cases cited2 opinions
- Scott v. ScottOhio Supreme Court · 1833
- Clark v. KensellOhio Supreme Court · 1833
3Cited by17 opinions
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- Arner v. SokolSupreme Court of Pennsylvania · 1953
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
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