Carter v. Ridge Turnpike Co.
Superior Court of Pennsylvania
Appeal, No. 52, Jan. T., 1902, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1899, No. 763, for plaintiff on case tried by the court without a jury in case of Pulaski P. Carter, Marvin P. Carter and Amelia M. Kennedy v. Ridge Turnpike Company. Ejectment to recover..a strip of land in the'city of Scranton. Before Kelly, J. . • The facts are fully stated in the opinion of the Superior Court. Error assigned was entering of judgment for plaintiffs.
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Appeal, No. 52, Jan. T., 1902, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1899, No. 763, for plaintiff on case tried by the court without a jury in case of Pulaski P. Carter, Marvin P. Carter and Amelia M. Kennedy v. Ridge Turnpike Company. Ejectment to recover..a strip of land in the'city of Scranton. Before Kelly, J. . • The facts are fully stated in the opinion of the Superior Court. Error assigned was entering of judgment for plaintiffs. All the essentials of title by adverse possession were present in. this case: Lehigh Valley R. R. Co. v. McFarlan, 43 N. J. L. 605;…
1Opinion of the Court
Opinion by
Oblady, J.,
This is an action of ejectment brought to recover possession of a strip of land about fifty feet in width, comprising one and nine tenths of an acre, situated in the first ward of the city of Scranton, and occupied by the defendant as a part of its turnpike. On the trial, after the evidence was closed, the parties, plaintiffs and defendant, agreed that a juror should be withdrawn and the case be tried before the court on the evidence already taken, under the provisions of the Act of April 22,1874, P. L. 109.
Among the facts found by the court were the following: Third. “…
2Cases cited21 opinions
- Sharon v. TuckerSupreme Court of the United States · 1892
- Garrett v. JacksonSupreme Court of Pennsylvania · 1853
- Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
- Ash's EstateSupreme Court of Pennsylvania · 1902
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