Drake v. Philadelphia & Erie Railroad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JErie county. This was an action on the case by Elias Drake against the Philadelphia and Erie Railroad Company, for killing a cow, heifer and horse of the plaintiff by running the locomotive engine 'of the defendants over them. The defendants’ road was constructed through the land of the plaintiff.
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Error to the Court of Common Pleas of JErie county. This was an action on the case by Elias Drake against the Philadelphia and Erie Railroad Company, for killing a cow, heifer and horse of the plaintiff by running the locomotive engine 'of the defendants over them. The defendants’ road was constructed through the land of the plaintiff. The declaration alleged that the defendants were bound “ by the laws of the state, or by their agreement, or by both, to erect and maintain fences on either side of the road through plaintiff’s land,” and in violation of law, and of their pbligation to erect…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The plaintiff’s action is in tort against the company for neglecting to fence their road through his farm, which in his narr. he charges they were bound to do “ by the laws of the state, or by their agreement, or by both,” by reason whereof, it is further charged, “ the cattle and horses of the plaintiff on his farm” were killed ■; to wit, two head of cow cattle and a mare. The principal question discussed on the argument was, whether an action on the case in tort would lie to redress the wrong complained of, there being a contract to…
2Cited by1 opinion
- Scowden v. Erie RailroadSuperior Court of Pennsylvania · 1904