Pa. Schuylkill Val. R. R. v. Reading Paper Mills
Supreme Court of Pennsylvania
Appeal, No. 24, Jan. T., 1892, by plaintiff, from decree of C. P. Berks Co., dismissing bill in equity on demurrer. The bill filed July 12, 1889, set out that there was a common public highway of the commonwealth in the city of Reading known as Court street; that the plaintiffs owned in fee, and used for railroad purposes, a lot separated from Court street by a weclge-shaped piece of land, and, in order to give them access to the said Court street from the property owned in…
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Appeal, No. 24, Jan. T., 1892, by plaintiff, from decree of C. P. Berks Co., dismissing bill in equity on demurrer. The bill filed July 12, 1889, set out that there was a common public highway of the commonwealth in the city of Reading known as Court street; that the plaintiffs owned in fee, and used for railroad purposes, a lot separated from Court street by a weclge-shaped piece of land, and, in order to give them access to the said Court street from the property owned in fee, and also because they needed the wedge-shaped piece, they prepared, tendered, and, on Nov. 1,1884, filed in court a…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The court below dismissed the bill on the ground that it showed no special damage to the complainant because it alleged no ownership of the lot of ground adjoining Court street. The learned judge seems to. have regarded ownership in this connection as limited to a technical estate in the land, if not to a fee simple. But this is much too narrow an interpretation. Ownership is not a technical word, and its use in equity in this connection is not necessarily limited to a technical estate. It includes any interest in the land that is capable of receiving such…
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