Hartman v. Pittsburgh Incline Plane Co.
Supreme Court of Pennsylvania
Appeal, No. 290, Oct. T., 1893, by-plaintiffs, Marianne Hartman et al., from judgment of C. P. No. 1, Allegheny Co., March T., 1891, No. 743, entering compulsory nonsuit. Trespass for injuries to dwelling house, caused by construction of defendant’s incline plane. Before Collier, J. At the trial, it appeared that defendant constructed an incline plane across Frederick street in Pittsburgh.
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Appeal, No. 290, Oct. T., 1893, by-plaintiffs, Marianne Hartman et al., from judgment of C. P. No. 1, Allegheny Co., March T., 1891, No. 743, entering compulsory nonsuit. Trespass for injuries to dwelling house, caused by construction of defendant’s incline plane. Before Collier, J. At the trial, it appeared that defendant constructed an incline plane across Frederick street in Pittsburgh. Defendant purchased all the ground in fee upon which its tracks were located, and, among others, two lots fronting on Frederick street, 40 feet on the south side of the street and 40 feet on the north side…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
If the inquiry, contemplated by the offers recited in the first three specifications of error, were any longer an open question in this state, the rejected testimony should have been received; but, unfortunately, as it appears to me, the court is of opinion that our decisions. construing article XYI, section 8 of the constitution, have closed the door against such evidence in cases of the class to which this belongs: Lippincott v. Railroad Co., 116 Pa. 472 ; Railroad v. Marchant, 119 Pa. 541; Jones v. Railroad Co., 151 Pa. 31; Penna. Co. v. Railroad Co.,…
2Cases cited5 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
- Pastorius v. FisherSupreme Court of Pennsylvania · 1828
- Penna. Co. for Ins. on Lives & Granting Annuities v. Penna. Schuylkill Valley R. R.Supreme Court of Pennsylvania · 1892
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- Delaware River Joint Toll Bridge Commission v. ColburnSupreme Court of the United States · 1940
- Osterling v. FrickSupreme Court of Pennsylvania · 1925
- Cleary v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1926
- Fine v. SoiferSupreme Court of Pennsylvania · 1926
- Getz v. FreedSupreme Court of Pennsylvania · 1954
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