Crum v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 166, Oct. T., 1909, by defendant, from judgment of C. P. Cambria Co., June T., 1907, No. 169, on verdict for plaintiff in case of Charles Crum, Executor of Sylvester Crum, deceased, v. Pennsylvania Railroad Company. Trespass to recover damages for injuries to land. Before O’Connor, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 166, Oct. T., 1909, by defendant, from judgment of C. P. Cambria Co., June T., 1907, No. 169, on verdict for plaintiff in case of Charles Crum, Executor of Sylvester Crum, deceased, v. Pennsylvania Railroad Company. Trespass to recover damages for injuries to land. Before O’Connor, P. J. The facts appear by the opinion of the Supreme Court. At the trial when Charles Crum was on the stand he was asked this question: Mr. Davis: “Q. When did the change take place in that dam and race? ” Mr. Storey: Defendant’s counsel object to any testimony from the witness or from the plaintiff…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
Samuel Crum, whose executor has been substituted as plaintiff in this action, was the owner of a tract of land on which he maintained a gristmill, with dam and race appurtenant fed from the water of the Conemaugh river. At a point something more than 1,000 feet east of plaintiff’s line, the defendant company in straightening and otherwise improving its tracks, found it necessary to change the channel of the river for a considerable distance. This work was done wholly outside the lines of the plaintiff’s lands. The plaintiff complains, however, that as a result of…
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