Legal Opinion
Kapp v. Norfolk Southern Railway Co.
District Court, M.D. Pennsylvania
Decided December 10, 2004No. 1:03-cv-01061PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM
CONNER, District Judge.
This property rights case has been 150 years in the making. Plaintiffs claim an easement over railroad tracks presently operated by defendant, Norfolk Southern Railway Company (“Norfolk”). The land underlying the tracks was once owned by plaintiffs’ predecessors in interest, and a crossing has been maintained for their benefit since before 1850. Nevertheless, Norfolk denies the existence of an easement and recently announced plans to close the crossing. Plaintiffs seek a declaration of their rights and an injunction against the closure.
Presently before the…
2Cases cited42 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Hutchison v. Sunbeam Coal Corp.Supreme Court of Pennsylvania · 1986
- Krenzelak v. KrenzelakSupreme Court of Pennsylvania · 1983
- Metzger v. Clifford Realty Corp.Supreme Court of Pennsylvania · 1984
37 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carol Vorchheimer v. Philadelphian Owners AssociatiCourt of Appeals for the Third Circuit · 2018
- Brace v. United StatesUnited States Court of Federal Claims · 2006
- Hall v. PetersonCourt of Appeals of Utah · 2017
- Brian J. Lyngaas, D.D.S., P.L.L.C. v. IQVIA, Inc.District Court, E.D. Pennsylvania · 2026
- Carol Vorchheimer v. Philadelphian Owners AssociatiCourt of Appeals for the Third Circuit · 2018
6 more not listed; retrieve them via the Exa API.