Legal Opinion

Connellsville Gas Coal Co. v. Baltimore & Ohio Railroad

Supreme Court of Pennsylvania

Decided January 7, 1907No. Appeal, No. 28PublishedCited by 9 opinions

Appeal, No. 28, Jan. T., 1906, by-defendant, from judgment of C. P. Fayette Co., March T., 1905, No. 247, on verdict for plaintiff in case of Connellsville Gas Coal Company v. Baltimore & Ohio Railroad Company. Ejectment for land in Dunbar township. Before Rep-pert, P. J. At the trial the court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. JError assigned was in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

In 1882, the Ohio and Baltimore Short Line Railway Company, with the consent of the appellee, the owner of the three tracts of land in controversy, entered upon them and constructed a railroad over them. In the construction of this railroad and in making the improvements necessary in connection with the same the railway company expended large sums of money, and it and the Baltimore and Ohio Railroad Company, the appellent, its lessee, have, from the time the lands were so occupied for railroad purposes up to the institution of this suit, in January, 1905, been in…

2Cases cited3 opinions

  1. Oliver v. Pittsb. V. & C. Ry. Co.Supreme Court of Pennsylvania · 1890
  2. Carter v. Ridge Turnpike Co.Supreme Court of Pennsylvania · 1904
  3. Covert v. Pittsburg & Western Railway Co.Supreme Court of Pennsylvania · 1903

3Cited by9 opinions

  1. Ontelaunee Orchards, Inc. v. RothermelSuperior Court of Pennsylvania · 1939
  2. Wingert v. T. W. Phillips Gas & Oil Co.Supreme Court of Pennsylvania · 1959
  3. Faulk v. Missouri River & N. W. Ry. Co.South Dakota Supreme Court · 1911
  4. American Natural Gas Co. v. EvansSuperior Court of Pennsylvania · 1916
  5. Chambersburg Shoe Mfg. Co. v. Cumberland Valley RailroadSupreme Court of Pennsylvania · 1913

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