Pittsburg, Port Wayne & Chicago Railway Co. v. Dunn
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 27 to October and November Term 1867. The action was commenced in the court below on the 10th of March 1866, by William C. Dunn against The Pittsburg, Fort Wayne and Chicago Railway Company.
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Error to the District Court of Allegheny county: No. 27 to October and November Term 1867. The action was commenced in the court below on the 10th of March 1866, by William C. Dunn against The Pittsburg, Fort Wayne and Chicago Railway Company. The plaintiff declared in case, that the defendants negligently ran their engine against his wagon as he was crossing their railway on a public road ; that the crossing for the road over the railway had been so badly constructed by the company, and was so much out of repair, that one of the wheels of his wagon got fastened between the rail and the…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Read, J.
In The Queen v. Inhabitants of Dukinfield, 32 L. J. N. S., Mag. Cases, p. 230, Mr. Justice Blackburn said : “ The common law enabled any owner to dedicate land as a highway, and then at common law followed the consequence that it became repairable by the inhabitants of the parish or district.” In Re Milford, 4 Barr 305, the court said: “ The authority of the owner of a town plot to dedicate his ground to public use is as effective as that of the legislature and in The. Borough of Birmingham v. Anderson, 12 Wright 258, it is…
2Cited by9 opinions
- Geelen v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1960
- Keiser v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1905
- Grace v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1911
- Haverstick v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Marinelli v. Montour RailroadSuperior Court of Pennsylvania · 1980
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