Legal Opinion

Long's Appeal

Supreme Court of Pennsylvania

Decided October 7, 1878PublishedCited by 11 opinions

Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1878, No. 84. Appeal of Abraham E. Long and Susan E. Long, from the decree of the court striking off their appeal from a report of viewers. The appellants owned a farm of 111 acres in Lancaster county, through which the Pennsylvania Railroad Company, with a view to straightening their road, laid out a new route, and petitioned the court for viewers to assess the damages for the land thus -taken.

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Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1878, No. 84. Appeal of Abraham E. Long and Susan E. Long, from the decree of the court striking off their appeal from a report of viewers. The appellants owned a farm of 111 acres in Lancaster county, through which the Pennsylvania Railroad Company, with a view to straightening their road, laid out a new route, and petitioned the court for viewers to assess the damages for the land thus -taken. Five viewers were appointed, who assessed the damages at $750, from which award the appellants took an appeal to the Court of…

1Opinion of the CourtJustice Gordon

By the Act of April 10th 1867, the Pennsylvania Railroad Company was, inter alia, authorized and empowered, whenever it should deem it necessary so to do, to straighten and improve its lines of railroads, and, also, “to enter upon, acquire, take and appropriate such lands, tenements and property along, adjoining or contiguous to said railroads, or elsewhere, that they may deem necessary for the purpose of straightening of and improving of said railroads and constructing the needful appurtenances thereto.” This section embraces the right granted by the state to the company — the right of…

2Cases cited2 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Railroad Co. v. HechtSupreme Court of the United States · 1877

3Cited by11 opinions

  1. Kuca v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1920
  2. Seneca v. Yale & Towne Mfg. Co.Superior Court of Pennsylvania · 1940
  3. Pennsylvania Power & Light Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1937
  4. Cairns v. SpencerSuperior Court of Pennsylvania · 1925
  5. Hartman v. Pennsylvania Salt Manufacturing Co.Superior Court of Pennsylvania · 1944

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