Dimmick v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 50, Jan. T., 1897, by plaintiffs, from decree of C. P. Lackawanna Co., Nov. T., 1896, No. 5, on.bill in equity. Bill in equity to compel a railroad company to put down a farm crossing according to contract. The material averments of the bill are set forth in the opinion of the Supreme Court. The defendant demurred to the bill.
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Appeal, No. 50, Jan. T., 1897, by plaintiffs, from decree of C. P. Lackawanna Co., Nov. T., 1896, No. 5, on.bill in equity. Bill in equity to compel a railroad company to put down a farm crossing according to contract. The material averments of the bill are set forth in the opinion of the Supreme Court. The defendant demurred to the bill. The court below, Archrald, P. J., sustained the demurrer and dismissed the bill in the following opinion: The plaintiffs have land lying upon each side of the D., L. & W. 11. R., and this bill is brought to compel the construction of a causeway from one side…
1Opinion of the Court
Per Curiam,
The plaintiffs’ bill set forth the folloAving facts. The plaintiffs are owners of a tract of land which was crossed by the surveyed line of the defendant company’s railroad. A right of way over the tract was obtained by proceedings under the general railroad law of 1849, which were had in 1850. The company did not construct a farm crossing over the track for the owners of the land. In 186.1, the parties made a settlement of the claim of the owners, adjusting the damages accrued to that date at $170, which were paid, and the railroad company agreed to put in the crossing. This has…
2Cited by4 opinions
- Green v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1914
- United States ex rel. Norris v. ForbesCourt of Appeals for the D.C. Circuit · 1922
- Stoner v. Pittsburg, Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1911
- Hilliard v. Delaware, Lackawanna & Western R. R., Pennsylvania Court of Common Pleas, Northampton County1928