Allegheny Valley R. R. v. Colwell

15 A. 927, 2 Monag. 300, 1888 Pa. LEXIS 817
CourtSupreme Court of Pennsylvania
DecidedOctober 29, 1888
DocketNo. 176
StatusPublished
Cited by6 cases

This text of 15 A. 927 (Allegheny Valley R. R. v. Colwell) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allegheny Valley R. R. v. Colwell, 15 A. 927, 2 Monag. 300, 1888 Pa. LEXIS 817 (Pa. 1888).

Opinion

Per Curiam,

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.

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Bluebook (online)
15 A. 927, 2 Monag. 300, 1888 Pa. LEXIS 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allegheny-valley-r-r-v-colwell-pa-1888.