Phillips v. St. Clair Incline Plane Co.
Supreme Court of Pennsylvania
Appeals, Nos. 263, 264, 265, 266, Oct. T., 1894, by defendant, from judgments of C. P. No. 1, Allegheny Co., March T., 1891, Nos. 581, 582, 583, 584, on verdicts for plaintiffs. Appeals from reports of viewers. Before Slagle, J. At the trial it appeared that plaintiffs are the heirs and devisees of Sarah M. Phillips who died seized of the land in question. On Jan. 1, 1888, a plan of the land was made for partition, showing lots, streets and alleys.
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Appeals, Nos. 263, 264, 265, 266, Oct. T., 1894, by defendant, from judgments of C. P. No. 1, Allegheny Co., March T., 1891, Nos. 581, 582, 583, 584, on verdicts for plaintiffs. Appeals from reports of viewers. Before Slagle, J. At the trial it appeared that plaintiffs are the heirs and devisees of Sarah M. Phillips who died seized of the land in question. On Jan. 1, 1888, a plan of the land was made for partition, showing lots, streets and alleys. At the same time an agreement was entered into to divide the land among the several owners, each to take certain designated lots. Deeds were…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The complicated facts and proceedings in the cases included in this contest, unfortunately led to the trial on an erroneous view. There were but two ways in which the claim of the owners of the land taken by the incline plane company could be considered in estimating the damages.. First, the land might be treated as in fact what it appeared to be when the appellant located its road, a single, undivided and unimproved tract of seventeen acres, and the damages for taking part of it assessed with reference to the whole. The joint owners, by virtue of the…
2Cases cited3 opinions
- Penna. Co. for Ins. on Lives & Granting Annuities v. Penna. Schuylkill Valley R. R.Supreme Court of Pennsylvania · 1892
- Wilson v. Equitable Gas Co.Supreme Court of Pennsylvania · 1893
- Phillips v. St. Clair Incline Plane Co.Supreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Seattle v. WaldWashington Supreme Court · 1913
- Walker v. South Chester RailroadSupreme Court of Pennsylvania · 1896