Robinson v. West Pennsylvania Railroad
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 184, to October and November Term 1871. This was an action of ejectment, brought to October Term 1869, by William Robinson, Jr., against The Pennsylvania Railroad Company, for a piece of land in the city of Allegheny, formerly occupied as the basin or part of the state canal. William Robinson having died, John D. Robinson and others, his devisees, were substituted as plaintiffs.
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Error to the District Court of Allegheny county: No. 184, to October and November Term 1871. This was an action of ejectment, brought to October Term 1869, by William Robinson, Jr., against The Pennsylvania Railroad Company, for a piece of land in the city of Allegheny, formerly occupied as the basin or part of the state canal. William Robinson having died, John D. Robinson and others, his devisees, were substituted as plaintiffs. The West Pennsylvania Railroad Company were added as defendants. The case was tried, March 17th 1871, before Judge Kirkpatrick. The plaintiff gave evidence, showing…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
It wrns decided in Craig v. The City of Allegheny, 3 P. F. Smith 477, that, under the deed of Wm. Robinson, Jr., the Commonwealth took an absolute estate in perpetuity to the land thereby granted for the construction of the Pennsylvania Canal, and that it did not revert to the grantor or his alienee on the cessation of its use, or abandonment as a canal. But the question as to the proper construction of the clause in the deed “ excepting therefrom ground for a basin,” did not arise in that case. What then was the effect of the exception as…
2Cases cited1 opinion
- Commonwealth v. M'AllisterSupreme Court of Pennsylvania · 1834
3Cited by5 opinions
- Parks v. Pennsylvania R. R. Co.Supreme Court of Pennsylvania · 1930
- Foust v. DreutleinSupreme Court of Pennsylvania · 1912
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
- Pennsylvania Canal Co. v. Lewisburg, Milton & Watsontown Passenger Railway Co.Superior Court of Pennsylvania · 1899
- Kister v. Pennsylvania Fish CommissionCommonwealth Court of Pennsylvania · 1986