Knowles v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 403, Jan. T., 1895, by-defendant, from judgment of C. P. No. 4, Phila. Co., June Term, 1892, No. 859, on verdict for plaintiff. Trespass to recover special damages caused bjr the obstruction of a highway. Before Willson, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 403, Jan. T., 1895, by-defendant, from judgment of C. P. No. 4, Phila. Co., June Term, 1892, No. 859, on verdict for plaintiff. Trespass to recover special damages caused bjr the obstruction of a highway. Before Willson, J. The facts appear by the opinion of the Supreme Court. The plaintiff1 offered to prove that at the time that this fence was put up he was carrying on the business of a contractor in that part of the city of Philadelphia, and in consequence hauled a great number of loads of dirt from the west side of the railroad to the east side of the railroad, in pursuance .of…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The defendant company contends that if the plaintiff has .sustained any damage by reason of its erection and maintenance of the fence across Tacony road he must “ have recourse to the city for compensation ” for it. Tins contention appears to be based on the theory that the obstruction complained of was incident to the work of raising its roadbed to conform to the revision of grades authorized by the ordinance of March 31, 1887, and that for damage done in the proper performance of such work the company is not responsible. But it is obvious that the question…
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