Knorr v. Germantown, Rail Road
Supreme Court of Pennsylvania
IN ÉRRÓK. Error to the District Court for the City and County of Philadelphia, to' remove the record of an action on the case, brought by John Knorr against the Philadelphia, Germantown and Norristown Rail Road Company. The action was brought to recover damages for refusing to make a road or causeway under or over an embankment placed by the defendants on the lands of the plaintiff.
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IN ÉRRÓK. Error to the District Court for the City and County of Philadelphia, to' remove the record of an action on the case, brought by John Knorr against the Philadelphia, Germantown and Norristown Rail Road Company. The action was brought to recover damages for refusing to make a road or causeway under or over an embankment placed by the defendants on the lands of the plaintiff. By the 17th section of an act of assembly passed on the 17th of February, 1831, to incorporate the said company, it was provided; “ That for the accommodation of all persons owning or possessing land through which…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is a question of remedy, and not of right. The act incorporating the company makes it their duty, when required, to make, or cause to be made, a good causeway, whenever it may be necessary, to enable the occupant to cross over or under the embankment; and to keep the same in good repair. This is a burthen which is properly cast upon them, when the ground Ü3 in the actual occupation of the company; but the propriety of throwing these specific duties upon them is not so obvious, when, for good reasons, the legislature have thought it no…
2Cited by2 opinions
- Brown v. BeattyMississippi Supreme Court · 1857
- Meade v. United StatesUnited States Court of Claims · 1866