Ferguson v. Pittsburgh & Shawmut Railroad
Supreme Court of Pennsylvania
Appeal, No. 229, Oct. T., 1915, by defendant, from judgment of O. P. Armstrong Co., June T., 1910, No. 114, on verdict for plaintiffs, in case of W. N. Ferguson and John C. Harper, administrators of Samuel F. McGary, deceased, v. The Pittsburgh & Shawmut Railroad Company. Appeal from award of viewers in condemnation proceedings. Before King, P. J. The opinion of the Supreme Court states the facts. Yerdict for plaintiff for $9,542 and judgment thereon. Defendant appealed.
Read the full summary
Appeal, No. 229, Oct. T., 1915, by defendant, from judgment of O. P. Armstrong Co., June T., 1910, No. 114, on verdict for plaintiffs, in case of W. N. Ferguson and John C. Harper, administrators of Samuel F. McGary, deceased, v. The Pittsburgh & Shawmut Railroad Company. Appeal from award of viewers in condemnation proceedings. Before King, P. J. The opinion of the Supreme Court states the facts. Yerdict for plaintiff for $9,542 and judgment thereon. Defendant appealed. Errors assigned were in refusing defendant’s motion to withdraw amendment to petition for award of viewers, ruling on…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
This is a condemnation proceeding to determine the damages which the plaintiffs sustained by reason of the location and construction of the defendant’s railroad over their land in South Buffalo Township, Armstrong County. In 1904, the plaintiffs were the owners of the tract of land which contained eighty-three acres lying on the west side of and adjacent to the Allegheny river. They owned all the land in fee except about twenty acres in which they owned the coal and certain mining rights on the surface above it. The coal lies between the two pieces owned in fee…
2Cases cited14 opinions
- Pa. Schuylkill Val. R. R. v. Reading Paper MillsSupreme Court of Pennsylvania · 1892
- Penn Gas Coal Co. v. Versailles Fuel Gas Co.Supreme Court of Pennsylvania · 1890
- Brown v. Title Guaranty & Surety Co.Supreme Court of Pennsylvania · 1911
- Wood v. Trustees of State Hospital for the InsaneSupreme Court of Pennsylvania · 1894
- Fischer v. Catawissa RailroadSupreme Court of Pennsylvania · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- McGunnegle v. Pittsburgh & Lake Erie R. R.Supreme Court of Pennsylvania · 1921
- Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925
- Peoples Natural Gas Co. AppealSupreme Court of Pennsylvania · 1960
- Goodman Et Ux. v. City of BethlehemSupreme Court of Pennsylvania · 1936
7 more not listed; retrieve them via the Exa API.