Allegheny Valley R. R. v. Colwell
Cases that cite this one
5 later published cases cite this decision.
- King v. Union R. R. Co. (Pa. 1944)
- Griswold v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. (N.D. 1903)
- Sebree v. Huntingdon Water Supply Co. (Pa. Super. Ct. 1919)
- Lewis v. St. Paul, M. &. M. Ry. Co. (S.D. 1894)
- Graham v. Pittsburgh etc. R. Co. (Lawrence County Court of Common Pleas 1891)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The judgment in this case must be affirmed; but, as Colwell was at least passively derelict in knowingly permitting the railroad company to occupy and put its improvements on his land, we agree that it would be inequitable to allow the judgment to work a forfeiture of those improvements. We therefore affirm the judgment, and direct a stay of execution, on payment of costs, for the period of four months; and, in the meantime, the company may proceed to condemn the land, and acquire the right of way in the manner prescribed by the Act of As.sembly in such case made and provided.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.