Cass v. Pennsylvania Co.

Supreme Court of Pennsylvania
Cass v. Pennsylvania Co., 159 Pa. 273 (Pa. 1893)
28 A. 161; 1893 Pa. LEXIS 1507
Collum, Dean, Green, Mitchell, Sterrett, Thompson, Williams

Cass v. Pennsylvania Co.

Opinion of the Court

Per Curiam,

There was no error in refusing plaintiff’s first to fourth points, inclusive, nor in affirming defendant’s second point for charge; and hence the second to sixth specifications of error are not sustained.

The only remaining specification is the first, which charges error in entering judgment non obstante veredicto against plaintiff and in favor of the defendant on the special verdict. The correctness of that judgment is sufficiently vindicated in the opinion of the learned president of the court below. All that is necessary to be said on the questions involved will be found therein. Assuming, for the sake of argument, that plaintiff had a cause of action, it was barred by the statute of limi*277tations. The right of action, to whomsoever if accrued, was complete not later than the time when the work commenced had progressed to such an extent as to obstruct ingress and egress to and from the property to the streets; and the jury expressly found “ that the work was begun, so as to obstruct the streets, more than six years prior to the bringing of this suit.” The statute was therefore a flat bar.

We find no error in the record that should interfere with the affirmance of the judgment.

Judgment affirmed.

Reference

Full Case Name
Cass, Trustee v. Pennsylvania Company
Cited By
4 cases
Status
Published
Syllabus
Statute of limitations — Eminent domain — Streets—Change of grade— Consequential damages. Where, in an equity suit by a railroad company against a city, it is decreed that a street shall be carried across the railroad tracks by bridges and viaducts, the right of action of a property owner on the street is complete not later than the time when the work has progressed to such an extent as to obstruct ingress and egress to and from his property to the street; and, if he permits six years to expire after that time before bringing suit, his claim will be barred by the statute of limitations.