McMinn v. Pittsb. R.
Supreme Court of Pennsylvania
Appeal, No. 278, Oct. T. 1891, by defendants from judgment of C. P. No. 2, Allegheny Co., July T, 1890, No. 852, on verdict for plaintiff. Trespass by Mary McMinn against the Pittsburgh, Mc-Keesport & Youghiogheny Railroad Company, to recover damages for the flooding of certain premises owned by the plaintiff, in consequence of negligence in the construction, maintenance and operation of the Pittsburgh, McKeesport & Youghiogheny railroad.
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Appeal, No. 278, Oct. T. 1891, by defendants from judgment of C. P. No. 2, Allegheny Co., July T, 1890, No. 852, on verdict for plaintiff. Trespass by Mary McMinn against the Pittsburgh, Mc-Keesport & Youghiogheny Railroad Company, to recover damages for the flooding of certain premises owned by the plaintiff, in consequence of negligence in the construction, maintenance and operation of the Pittsburgh, McKeesport & Youghiogheny railroad. The plaintiff’s statement of claim averred that, in 1882, the first-named defendant negligently constructed its railroad in such a manner as to obstruct and…
1Opinion of the Court
Pee Ctjexajm,
The plaintiff’s predecessor in title had released the right of way to the defendant company by a deed which contained the following clause:
“ And the said parties of the first part, for the consideration aforesaid, do for themselves, their heirs, executors, administrators and assigns, hereby release and forever quit-claim and discharge the said second party, and its successors and assigns, from all damages or injuries of any kind, now incurred or hereafter to accrue, for or by reason of the location, construction, maintenance, and operation of the said railroad of two or more…
2Cases cited2 opinions
- Updegrove v. Penna. Sch. V. R.Supreme Court of Pennsylvania · 1890
- Hoffeditz v. South. Penn. R. & M. Co.Supreme Court of Pennsylvania · 1889
3Cited by3 opinions
- Brush v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1927
- Jordan v. WelchWashington Supreme Court · 1911
- Mulville Et Ux. v. Cooper Et Ux.Superior Court of Pennsylvania · 1927