Hopkins v. Catasauqua Manufacturing Co.

Supreme Court of Pennsylvania February 22, 1897

Hopkins v. Catasauqua Manufacturing Co., 180 Pa. 199 (Pa. 1897)

36 A. 735; 1897 Pa. LEXIS 903

Dean, Fell, Green, Mitchell, Williams

Opinion of the Court

Per Curiam,

We think the learned court below correctly found that the plaintiff sustained special damage by the unlawful act of the defendant company, and that the case was therefore brought within the operation of the Act of June 19, 1871, P. L. 1360. This being so the decisions under that act control the present contention. Of these, notably, are Pa. R. R. Co.’s Appeal, 115 Pa. 514; Barker v. Hartman Steel Co., 129 Pa. 551; Western Pa. R. R. Co.’s Appeal, 104 Pa. 399; Germantown Pass. Ry. Co. v. Citizens Pass. Ry. Co., 151 Pa. 138, and Potts et al. v. Elevated R. R. Co., 161 Pa. 396. It is not necessary to review these cases in detail. We are very clear as to their applicability to the facts of this case.

Judgment affirmed.

Reference

Full Case Name: William P. Hopkins v. Catasauqua Manufacturing Company and Nathan Trotter and J. S. Elverson, Receivers
Cited By: 8 cases
Status: Published
Syllabus: Railroads — Damages—Equity—Act of June 19, 1871. Under the Act of June 19, 1871, P. L. 1360, a court of equity has jurisdiction in the suit of an abutting property owner to compel a manufacturing company without the right of eminent domain to remove a railroad which it has constructed in a street on which the plaintiff’s property abuts.