Stoneboro & Chautauqua Lake Ice Co. v. Lake Shore & Michigan Southern Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 1, Oct. T., 1912, by defendant, from judgment of O. P. Venango County, April T., 1909, No. 32, on verdict for plaintiff in case of Tbe Stoneboro and Chautauqua Lake Ice Company v. Tbe Lake Shore and Michigan Southern Railway Company. Trespass for damage to real property. Before Criswell, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $16,477 and judgment thereon. Defendant appealed.
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Appeal, No. 1, Oct. T., 1912, by defendant, from judgment of O. P. Venango County, April T., 1909, No. 32, on verdict for plaintiff in case of Tbe Stoneboro and Chautauqua Lake Ice Company v. Tbe Lake Shore and Michigan Southern Railway Company. Trespass for damage to real property. Before Criswell, P. J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $16,477 and judgment thereon. Defendant appealed. Error assigned, among'others, was (1) in refusing binding instructions for the defendant. — A railroad company may not contract against its own negligence in its…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
That a railroad company may, by contract with the owner of a private siding, exempt itself from liability on account of negligence in the use and operation of such siding, rests distinctly on the ground that the railroad company owes no duty to the public in connection therewith. It may be required to deliver cars thereon and take them away in order to meet the demands of the party whose siding it is, but only at the instance of the party owning the siding or of one having a right to its exercise. Such siding is private property pure and simple, which the owner…
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- Sims v. Christiana, Pennsylvania Court of Common Pleas, Schuylkill County1954
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