Kelemenan v. Pittsburg, Harmony, Butler & New Castle Railway Co.
Superior Court of Pennsylvania
Appeal, No. 75, April T., 1912, by defendant, from judgment of C. P. Lawrence Co., June T., 1910, No. 78, on verdict for plaintiff in case of John Kelemenan v. Pittsburg, Harmony, Butler & New Castle Railway Company. Trespass to recover damages for the killing of three cows.
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Appeal, No. 75, April T., 1912, by defendant, from judgment of C. P. Lawrence Co., June T., 1910, No. 78, on verdict for plaintiff in case of John Kelemenan v. Pittsburg, Harmony, Butler & New Castle Railway Company. Trespass to recover damages for the killing of three cows. Before William- E. Porter, P. J. At the trial plaintiff’s counsel first offered in evidence a deed dated September 22, 1906, from John W. Wilkison, guardian of the estate of Chris Smith, minor child of Samuel H. Smith, late of Shenango township, Lawrence county, Pennsylvania, deceased, Eunice Smith, widow, and Pearl…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action to recover the value of three cows which had been killed while crossing a track of fhe defendant company, as alleged by plaintiff because of the negligent operation of one of defendant’s cars. He recovered a verdict and judgment in the court below and the defendant appeals.
The plaintiff occupied, as tenant, a farm through which *60the defendant operated an electric railway constructed upon a right of way which it had acquired by deed from the owners of the farm. The deed conveying the right of way contained the following covenant: “Said…
2Cases cited1 opinion
- Hanlon v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1905