Pennsylvania State Reports (Volume 149) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898. Excerpt: ... Opinion of the Court. 149 Pa. able of the contract. Courts and juries must recognize that business is done in this way. When therefore an employee is shown to have accepted wages from week to week for a period of months at a rate in accordance with his own returns of time, it is convincing evidence that he was to be paid according to time and not only should it be so set before the jury but the jury should not be permitted to disregard it, in the absence of an explanation equally clear, complete and convincing, and made out by evidence that does and ought to carry conviction. The principle of McConnell's Ap., 97 Pa. 31, applies with great force to such a case. The sixth assignment is sustained. Judgment reversed and venire de novo awarded. Pa. Schuylkill Val. R. R., Appellant, v. Reading Paper Mills. Street--Obstruction of--Injunction--Railroad--Title to condemned land--Pleading. A railroad company, which has condemned land immediately adjoining a public road, has a sufficient ownership therein to entitle it to a bill in equity against the unlawful obstruction of the highway; and this ownership is well pleaded when the facts of the condemnation proceedings, and the resulting title, are fully set out in the bill. The title of a railroad company to land condemned for depots, stations, etc., is not correctly called an easement; it is a fee in the surface, and so much beneath as may be necessary for support, etc., though a base fee, terminable on the cesser of its use for railroad purposes. Laches--Notice--Demurrer. Where, in such a case, the bill avers notice and warning to defendants, but is demurred to on the ground that it shows laches on the part of the complainant in permitting the erection of buildings without instituting proceedings to enjoin, or givi...