Hoffman v. Bloomsburg & Sullivan R. R.
Supreme Court of Pennsylvania
Appeal, No. 329, Jan. T., 1892, by plaintiff, John W. Hoffman, from judgment of C. P. Columbia Co., Sept. T., 1887, No. 34, on verdict for plaintiff. Appeal from report of jury assessing land damages. At the trial, before Ikeler, P. J., it appeared that plaintiff owned a tract of land lying on both sides of Big Fishing creek. The creek was the dividing line between Orange and Mount Pleasant townships.
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Appeal, No. 329, Jan. T., 1892, by plaintiff, John W. Hoffman, from judgment of C. P. Columbia Co., Sept. T., 1887, No. 34, on verdict for plaintiff. Appeal from report of jury assessing land damages. At the trial, before Ikeler, P. J., it appeared that plaintiff owned a tract of land lying on both sides of Big Fishing creek. The creek was the dividing line between Orange and Mount Pleasant townships. Plaintiff’s land on the west side of the creek was a strip about twenty feet wide. On the east side of the creek he owned several dwellings, a barn, a sawmill and a gristmill. Sometime in 1883…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
This action was brought by appellant to recover damages for Ms land taken by appellee for the right of way of its railroad and for the injury to the water power of his mills in consequence of its construction. The appellee, while contesting the amount of the damages, contended that, when ascertained, they were payable in its capital stock at par, as provided in the agreement made between the parties. By this agreement it is agreed on the part of the appellant as follows, viz.: “ I will release to the company which undertakes to construct such road the right of…
2Cases cited12 opinions
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