Hamilton v. Pittsburg, Bessemer & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 131, Oct. T., 1898, by defendant, from judgment of C. P. Butler Co., Sept. T., 1897, No. 24, on verdict for plaintiffs. Appeal from award of jury of view. Before Shafer, J. At the trial James T. Hamilton, one of the plaintiffs, in his examination in chief, testified: “ Q. In August, 1896, when the defendant company entered on your land, what was the then value of your property ? A. Seventy-five thousand dollars.
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Appeal, No. 131, Oct. T., 1898, by defendant, from judgment of C. P. Butler Co., Sept. T., 1897, No. 24, on verdict for plaintiffs. Appeal from award of jury of view. Before Shafer, J. At the trial James T. Hamilton, one of the plaintiffs, in his examination in chief, testified: “ Q. In August, 1896, when the defendant company entered on your land, what was the then value of your property ? A. Seventy-five thousand dollars. Q. What is it to-day, or what was it immediately after the entry and construction of the road, taking into consideration that the road would be built and operated as it…
1Opinion of the Court
Opinion bt
Mr. Justice Dean,
The defendant in the construction of its steam railroad appropriated for its roadbed fifty-three one hundredths of an *56acre of plaintiffs’ land in the borough of Butler. The appropriation was out of a tract of five acres on which the plaintiffs maintained buildings for the manufacture of bottles. The strip taken was about forty-five feet wide, but no building was touched upon; the land taken was not at the time actually used by plaintiffs for any purpose; the railroad through the tract was constructed upon steel trestles about twenty feet in height, which were about…
2Cases cited4 opinions
- Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskeySupreme Court of Pennsylvania · 1885
- Pittsburgh & Western Railroad v. PattersonSupreme Court of Pennsylvania · 1884
- Wilmington & Reading Railroad v. StaufferSupreme Court of Pennsylvania · 1869
- Patten v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1859
3Cited by17 opinions
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- United States v. MeyerCourt of Appeals for the Seventh Circuit · 1940
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- Tyson Creek Railroad v. Empire Mill Co.Idaho Supreme Court · 1918
- State of Oregon v. CERRUTIOregon Supreme Court · 1950
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