Legal Opinion

Houston v. Western Washington Railroad

Supreme Court of Pennsylvania

Decided January 5, 1903No. Appeal, No. 121PublishedCited by 15 opinions

Appeal, No. 121, Oct. T., 1902, by plaintiff, from judgment of C. P. Washington Co., Aug. T., 1900, No. 4, on verdict for plaintiff, in case of William B. Houston v. Western Washington Railroad Company. Appeal from award of viewers. Before McIlyaine, P. J. At the trial plaintiff was called as for cross-examination, and was asked this question : “ Q. Was that option on the whole farm ? ” Offer asked for and purpose.

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Appeal, No. 121, Oct. T., 1902, by plaintiff, from judgment of C. P. Washington Co., Aug. T., 1900, No. 4, on verdict for plaintiff, in case of William B. Houston v. Western Washington Railroad Company. Appeal from award of viewers. Before McIlyaine, P. J. At the trial plaintiff was called as for cross-examination, and was asked this question : “ Q. Was that option on the whole farm ? ” Offer asked for and purpose. I propose to prove by the witness on the stand that he gave one or more options on the ground which was crossed by the Western Washington Railroad at or about the time of the…

1Opinion of the Court

Opinion BY

Me. Justice; Mestrezat,

The first and fourth assignments were abandoned on the argu*324ment of the case because the errors complained of were not assigned in accordance with the rules of court.

In the second assignment of error the appellant complains of the rejection of its offer to show the price at which the plaintiff optioned his land a short time before the location of the railroad and the price at which he sold a large part of it shortly after the road had been located and before its completion for the purpose, as we understand, of giving to the jury the plaintiff’s own estimate of…

2Cases cited1 opinion

  1. East Brandywine & Waynesburg Railroad v. RanckSupreme Court of Pennsylvania · 1875

3Cited by15 opinions

  1. Berger v. Public Parking Authority of PittsburghSupreme Court of Pennsylvania · 1954
  2. Hudson v. HudsonSupreme Court of Florida · 1910
  3. General Motors Acceptance Corp. v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1929
  4. Walnut Street Federal Savings & Loan Ass'n v. BernsteinSupreme Court of Pennsylvania · 1959
  5. Dempsey v. StaufferCourt of Appeals for the Third Circuit · 1962

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