Legal Opinion

Cleveland & Pittsburg Railroad v. Speer

Supreme Court of Pennsylvania

Decided January 7, 1868PublishedCited by 18 opinions

Error to the Court of Common Pleas of Allegheny county: No. 115, to October and November Term 1867. This was an action on the case, to March Term 1866, by James A. Speer against the Cleveland and Pittsburg Railroad Company. The question was principally as to the powers of the company to lay down tracks, switches and sidings in the borough of Manchester.

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Error to the Court of Common Pleas of Allegheny county: No. 115, to October and November Term 1867. This was an action on the case, to March Term 1866, by James A. Speer against the Cleveland and Pittsburg Railroad Company. The question was principally as to the powers of the company to lay down tracks, switches and sidings in the borough of Manchester. On the 14th of March 1836 the legislature of the state of Ohio passed an act incorporating The Cleveland and Pittsburg Railroad Company. By the 11th section the company were authorized “ to construct a double or single railroad or way from…

1Opinion of the Court

The opinion of the court was delivered, January 7th 1868, by

Agnew, J.

This is an action of tort against the railroad company for wrongfully erecting and continuing two switches on Preble street, in the borough of Manchester, opposite the dwelling-house of the plaintiff, the plaintiff claiming special damage from the penetration of his house by noisome smells and volumes of smoke.

It is to be noticed that the declaration does not allege, and the proof did not show, any negligence or abuse in the manner of constructing or of using the switches. The court reserved this question — “ Whether the…

2Cases cited5 opinions

  1. Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
  2. Irvine v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
  3. Ridge Turnpike Co. v. StoeverSupreme Court of Pennsylvania · 1843
  4. Ridge Turnpike v. StoeverSupreme Court of Pennsylvania · 1841
  5. Linton v. Sharpsburg Bridge Co.Supreme Court of Pennsylvania · 1856

3Cited by18 opinions

  1. Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
  2. Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
  3. Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
  4. Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
  5. Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925

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