Legal Opinion

Jones v. Erie & Wyoming Valley R. R.

Supreme Court of Pennsylvania

Decided October 3, 1892No. Appeals, No. 259PublishedCited by 25 opinions

Appeals, No. 259, Jan. T., 1891, by defendant, from judgment of C. P. Lackawanna Co., Oct T., 1888, No. 643, on verdict for plaintiff, John P. Jones. Trespass to recover damages for injuries to dwelling-houses alleged to have been caused by the construction of defendant’s railroad across a public street. The facts appear by the opinion of the Supreme Court.

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Appeals, No. 259, Jan. T., 1891, by defendant, from judgment of C. P. Lackawanna Co., Oct T., 1888, No. 643, on verdict for plaintiff, John P. Jones. Trespass to recover damages for injuries to dwelling-houses alleged to have been caused by the construction of defendant’s railroad across a public street. The facts appear by the opinion of the Supreme Court. The evidence showed that defendant was incorporated in 1886. On the trial, before Connolly, J., plaintiff was asked: “ Q. What effect has the fire in the building, setting the building on fire ? A. It would be dangerous.” ' Objected to;…

1Opinion of the Court

Opinion by

Mb. Justice Williams,

This appeal presents several important questions. One of these does not seem to have arisen heretofore in this state. In New York and some other of our sister states it has been considered and decided; but these decisions are influenced by the legislation peculiar to the jurisdiction in which they have been made, and are not as helpful as under other circumstances they might be. In the case now before us we have the following facts : The plaintiff, Jones, is the owner of a piece of land lying in the northeast corner made by the crossing at right angles of…

2Cases cited9 opinions

  1. Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
  2. Pennsylvania R. v. LippincottSupreme Court of Pennsylvania · 1887
  3. Penn. Schuyl. V. R. v. ZiemerSupreme Court of Pennsylvania · 1889
  4. Cleveland & Pittsburg Railroad v. SpeerSupreme Court of Pennsylvania · 1868
  5. Pennsylvania & New York Railroad & Canal Co. v. BunnellSupreme Court of Pennsylvania · 1871

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3Cited by25 opinions

  1. McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
  2. Brown v. AitkenSupreme Court of Vermont · 1916
  3. Davis v. Southern Surety Co.Supreme Court of Pennsylvania · 1930
  4. Fire Ass'n of Philadelphia v. Farmers' Gin Co.Supreme Court of Oklahoma · 1913
  5. Hope v. Philadelphia & Western RailroadSupreme Court of Pennsylvania · 1905

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