Pennsylvania Railroad v. Donora Southern Railroad
Supreme Court of Pennsylvania
Appeal, No. 98, Oct. T., 1907, by plaintiff, from judgment of C. P. Washington Co., May T., 1906, No. 157, on verdict for defendant in case of Pennsylvania Railroad Company v. Donora Southern Railroad Company. Ejectment for tract of land in Carroll township. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 98, Oct. T., 1907, by plaintiff, from judgment of C. P. Washington Co., May T., 1906, No. 157, on verdict for defendant in case of Pennsylvania Railroad Company v. Donora Southern Railroad Company. Ejectment for tract of land in Carroll township. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows: [Did Joseph Bamford make an actual entry upon this land in dispute with the intention of claiming it ? Now, there does not appear to be any dispute or much dispute about the entry; there is a dispute about what his intention ivas when he…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This was an action of ejectment to recover possession of a narrow strip of land lying between the plaintiff’s road and the Monongahela river. The plaintiff’s title was by purchase from Moorhead and the defendant’s by purchase from .Barn-ford who claimed to have acquired title by adverse possession. That the defendant’s predecessor in title had been in possession a sufficient length of time to acquire title adversely, was not disputed, but the character of his possession was. The vital question in the case was whether he had occupied the land as a tenant of Moorhead…
2Cases cited5 opinions
- Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905
- Kuntz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1903
- Borham v. Davis, Pennsylvania Court of Common Pleas, Mercer County1892
- Provident Life & Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1902
- Halfman v. Penna. Boiler Ins.Supreme Court of Pennsylvania · 1894
3Cited by8 opinions
- Commonwealth v. WassonSuperior Court of Pennsylvania · 1910
- Commonwealth v. EabySuperior Court of Pennsylvania · 1913
- Commonwealth v. HecirrionicSuperior Court of Pennsylvania · 1909
- Mellott v. MellottSuperior Court of Pennsylvania · 1914
- Commonwealth v. MartinSuperior Court of Pennsylvania · 1912
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