Legal Opinion

Commonwealth ex rel. Attorney General v. New York, Lake Erie & Western Railroad

Supreme Court of Pennsylvania

Decided January 3, 1886PublishedCited by 4 opinions

Error to the Court of Common Pleas of Jefferson county : Of October Term 1886, No. 180. This was a quo zvarranto issued at the relation of Lewis C. Cassidy, Attorney General of the Commonwealth against the New York, Lake Erie and Western Railroad Company with notice to the Northwestern Mining and Exchange Company to show by what warrant they and each of them held some four thousand acres of coal land in Jefferson county, and to escheat the same to the state.

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Error to the Court of Common Pleas of Jefferson county : Of October Term 1886, No. 180. This was a quo zvarranto issued at the relation of Lewis C. Cassidy, Attorney General of the Commonwealth against the New York, Lake Erie and Western Railroad Company with notice to the Northwestern Mining and Exchange Company to show by what warrant they and each of them held some four thousand acres of coal land in Jefferson county, and to escheat the same to the state. The facts of the case are sufficiently shown in the opinion of the Supreme Court. On the trial Corbett, P. J., charged the jury as…

1Opinion of the CourtJustice Sterrett

It is contended the testimony before the jury would have warranted them in finding the issues of fact in favor of the Commonwealth, and hence the learned court erred in directing a verdict for defendants. It is important therefore to notice in the outset the questions of fact raised by the pleadings.

The first count of the information sets forth in substance that prior to committing the grievances complained of, The New York, Lake Erie and Western Railroad Company, formerly The Erie Railway Company, a corporation of the state of New York, constructed, maintained and operated, and yet maintains…

2Cited by4 opinions

  1. Commonwealth v. New YorkSupreme Court of Pennsylvania · 1890
  2. Pueblo v. Rubert Hermanos, Inc.Supreme Court of Puerto Rico · 1938
  3. Common'h v. New York Etc. R.Supreme Court of Pennsylvania · 1891
  4. People v. Rubert Hermanos, Inc.Supreme Court of Puerto Rico · 1938

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