Pittsburg, Fort Wayne & Chicago Railway v. Gilleland
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 119 and 120, to October and November Term 1867. These writs of error were argued together, and were to the judgments in two cases against the Pittsburg, Fort Wayne and Chicago Railway Company, tried together in the court below. They were actions on the case No. 379 and No. 380, to November Term 1866 ; one at the suit of James Gilleland, and the other at the suit of Robert McOlinton.
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Error to the District Court of Allegheny county: No. 119 and 120, to October and November Term 1867. These writs of error were argued together, and were to the judgments in two cases against the Pittsburg, Fort Wayne and Chicago Railway Company, tried together in the court below. They were actions on the case No. 379 and No. 380, to November Term 1866 ; one at the suit of James Gilleland, and the other at the suit of Robert McOlinton. Gilleland’s declaration recited, that he was tenant of a dwelling-house, garden, &c., under McOlinton, who was the owner; that the Ohio and Pennsylvania…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Agnew, J.
The narr. in this case is not free from circumlocution, and is perhaps faulty in this respect; but we cannot avoid seeing that it is for an injury caused by the continuance, after notice, of an insufficient culvert so unskilfully and negligently constructed by the former proprietors of the railroad, as not to vent all the water that flows down the channel, over which it is built, in the ordinary seasons of high water. It is founded upon the duty of a railroad company to construct its works with proper skill and care, and…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Carhart v. Auburn Gas Light Co.New York Supreme Court · 1866
- Clark v. KensellOhio Supreme Court · 1833
3Cited by19 opinions
- Nelson v. Duquesne Light Co.Supreme Court of Pennsylvania · 1939
- Soules v. Northern Pacific Railway Co.North Dakota Supreme Court · 1916
- Jones v. Seaboard Air Line Ry. Co.Supreme Court of South Carolina · 1903
- McKim v. PhiladelphiaSupreme Court of Pennsylvania · 1907
- State v. DartArizona Supreme Court · 1921
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