Delaware, Lackawanna & Western Railroad v. Tobyhanna Co.
Supreme Court of Pennsylvania
Appeal, No. 243, Jan. T., 1909, by defendant, from judgment of C. P. Monroe Co., Dec. T., 1907, No. 22, on verdict for plaintiff in case of Delaware, Lackawanna & Western Railroad Company v. Tobyhanna Company, Limited. Ejectment for land in Coolbaugh township. Before Staples, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 243, Jan. T., 1909, by defendant, from judgment of C. P. Monroe Co., Dec. T., 1907, No. 22, on verdict for plaintiff in case of Delaware, Lackawanna & Western Railroad Company v. Tobyhanna Company, Limited. Ejectment for land in Coolbaugh township. Before Staples, P. J. The facts are stated in the opinion of the Supreme Court. Errors assigned were in overruling defendant’s objection to the admission in evidence of the county treasurer’s record of taxes assessed against unseated lands in Monroe county; in overruling defendant’s objection to the admission.in evidence of the county…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
As early as 1860, the plaintiff, the Delaware, Lackawanna & Western Railroad Company, then operating an established line of road, anticipating possible future wants purchased a narrow strip of land 700 feet in length by seventy-five in width, adjoining its right of way in the village of Tobyhanna. The lot in dispute here is part of that purchase. When the railroad company recently attempted to make use of the lot, it was found to be in possession of the defendant company. To recover possession this ejectment was brought. On the trial of the case, the plaintiff…
2Cases cited3 opinions
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