Kelly v. Nypano Railroad
Supreme Court of Pennsylvania
Appeal, No. 282, Jan. T., 1900, by defendant, from decree of C. P. Crawford Co., May T., 1898, No. 6, on bill in equity in case of Daniel Kelly, now De Elmer Kelly and De Elmer Kelly, Administrator of Daniel Kelly, Deceased, v. Nypano Railroad Company and Erie Railroad Company. Bill in equity for an injunction, and for an account.
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Appeal, No. 282, Jan. T., 1900, by defendant, from decree of C. P. Crawford Co., May T., 1898, No. 6, on bill in equity in case of Daniel Kelly, now De Elmer Kelly and De Elmer Kelly, Administrator of Daniel Kelly, Deceased, v. Nypano Railroad Company and Erie Railroad Company. Bill in equity for an injunction, and for an account. Before Thomas, P. J. From the record it appeared that on April 3, 1863, Daniel Kelly conveyed to the Atlantic and Great Western Railroad Company a piece of land for right of way in consideration of $100, and that said company should “ fence and keep said road…
1Opinion of the Court
Per Curiam,
Those enjoying the estate conveyed by Daniel Kelly on April 3, 1862, can do so only by complying with the conditions upon which it was conveyed. Successors in the title to the Attlantic and Great Western Railroad Company succeed, during the period of their enjoyment of the land, to the liability imposed by Kelly and assumed by his grantee. No changes, in the title, however, brought about, can affect the liability of the party in possession during the period of his enjoyment, to perform the covenants of the first grantee, upon which the grant was made. Though there be no privity of…
2Cited by5 opinions
- Goldberg v. NicolaSupreme Court of Pennsylvania · 1935
- Beedy v. Nypano RailroadSupreme Court of Pennsylvania · 1915
- Scowden v. Erie RailroadSuperior Court of Pennsylvania · 1904
- Buseck v. N. Y. C. & St. L. Ry. Co.Superior Court of Pennsylvania · 1930
- Northwestern Pennsylvania Railway Co. v. Crawford County Commissioners, Pennsylvania Court of Common Pleas, Crawford County1922