Ridge Turnpike Co. v. Stoever
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia, in which a verdict and judgment were rendered for the plaintiff. It was the same case which is reported in 2 Watts 8f Serg. 548, and the evidence on this second trial was not materially different from that givén on the first.
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ERROR to the District Court for the city and county of Philadelphia, in which a verdict and judgment were rendered for the plaintiff. It was the same case which is reported in 2 Watts 8f Serg. 548, and the evidence on this second trial was not materially different from that givén on the first. The court charged the jury among other things, that the question was, whether the defendants occupied more of the margin of the road extending along the front of the plaintiff, within the lines of the road, than was necessary to the reasonable and convenient enjoyment of the premises ; and this was the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Whether the plaintiff below, even admitting him to have been injured in his right to the locus in quo, and damnified by the acts of the defendants there, can maintain and recover compensation for his loss in the present form of action, which is trespass, is a question which claimed the particular attention of the counsel of the plaintiffs in error on the argument of the cause, and to which they seemed to look with some degree of confidence for a negative answer from this court. But from the view taken by this court of the case as presented…
2Cases cited2 opinions
- Ridge Turnpike v. StoeverSupreme Court of Pennsylvania · 1841
- Fisher v. CoyleSupreme Court of Pennsylvania · 1834
3Cited by8 opinions
- Lance's AppealSupreme Court of Pennsylvania · 1867
- Lehigh Coal & Navigation Co. v. Northampton CountySupreme Court of Pennsylvania · 1845
- Cleveland & Pittsburg Railroad v. SpeerSupreme Court of Pennsylvania · 1868
- Pennsylvania Railroad v. City of PittsburghSupreme Court of Pennsylvania · 1883
- Pittsburgh & Lake Erie Railroad Company v. BruceSupreme Court of Pennsylvania · 1883
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