Legal Opinion

Potts v. Penn. S. V. R.

Supreme Court of Pennsylvania

Decided March 19, 1888No. 117PublishedCited by 24 opinions

ERROR TO THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 117 January Term 1888, Sup. Ct.; court below, No. 88 March Term 1886, C. P. The contention below was on an appeal from an award of viewers appointed to assess damages in a proceeding wherein E. Channing Potts, E. Channing Potts and W. W. Potts, trading as E. Channing Potts & Bro., and E. Channing Potts and W. W. Potts, tenants in common, were plaintiffs, and the Pennsylvania Schuylkill Valley li. Co., defendants.

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ERROR TO THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 117 January Term 1888, Sup. Ct.; court below, No. 88 March Term 1886, C. P. The contention below was on an appeal from an award of viewers appointed to assess damages in a proceeding wherein E. Channing Potts, E. Channing Potts and W. W. Potts, trading as E. Channing Potts & Bro., and E. Channing Potts and W. W. Potts, tenants in common, were plaintiffs, and the Pennsylvania Schuylkill Valley li. Co., defendants. At the trial on October 17, 1887, it appeared that on June 18,1883, the date of the location of defendant company’s road,…

1Opinion of the Court

Opinion,

Mr. Justice Clark :

The plaintiffs, E. Channing Potts and brother, were in the year 1883 engaged in the business of quarrying, sawing, and selling marble, etc. Their quarry was located on a tract of land in the township of Whitemarsh, Montgomery county, consisting of about one hundred acres. The product of the quarry was transported in wagons to a siding of the Philadelphia and Reading Railroad at Spring Mill, a mile or more distant from the quarry, where they had a lot of land of about four acres, which they used for storage and for loading and shipping on the Philadelphia and Reading…

2Cited by24 opinions

  1. Essex Storage Electric Co. v. Victory Lumber Co.Supreme Court of Vermont · 1919
  2. Sgarlat Estate v. CommonwealthSupreme Court of Pennsylvania · 1960
  3. West Virginia Pulp & Paper Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1952
  4. Louisiana Ry. & Nav. Co. v. Xavier Realty, Ltd.Supreme Court of Louisiana · 1905
  5. Kossler v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1904

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