Dimmick v. Brodhead
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Pike county: No. 300, to January Term 1873. This wras an action of trespass q. c. f. brought November 13th 1871, by William Brodhead against Jacob H. Dimmick and others.
Read the full summary
Error to the Court of Common Pleas of Pike county: No. 300, to January Term 1873. This wras an action of trespass q. c. f. brought November 13th 1871, by William Brodhead against Jacob H. Dimmick and others. Dimmick was the President of the Milford and Matamoras Railroad Company, which was incorporated by Act of April 1st 1870, and made subject to the provisions of the General Railroad Law of February 19th 1849. The other defendants were the contractor and workmen employed by the company to construct the road. On the 9th of November 1871, the company with sureties entered into a bond to…
1Opinion of the Court
The opinion of the court was delivered, March 23d 1874, by
Agnew, C. J.
It has been settled in a series of cases from Harrisburg v. Crangle, 3 W. & S. 460, to McClinton v. Pittsburg, Fort Wayne and Chicago R. R. Co., 16 P. F. Smith 404, that it is trespass in a private corporation to take land for a public use without first making compensation, or giving adequate security therefor. The constitutional provision is express that this must be done “ before such property shall be taken.” This amendment of 1838 meant something. The 10th section of the Bill of Rights in the Constitution of 1790,…
2Cases cited1 opinion
- Borough of Harrisburg v. CrangleSupreme Court of Pennsylvania · 1842
3Cited by8 opinions
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Speer v. Monongahela Railroad Co.Supreme Court of Pennsylvania · 1916
- Graham v. Pittsburgh etc. R. Co., Pennsylvania Court of Common Pleas, Lawrence County1891
3 more not listed; retrieve them via the Exa API.