Sunbury & Erie Railroad v. Hummell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county. On the 9th of August, 1855, the plaintiff, Benjamin Hummell, presented his petition to the Court of Common Pleas of Northumberland county, praying the appointment of viewers to assess the damages sustained by him, from the location of the Sunbury and Erie Railroad through his land situate in Point township,' Northumberland county.
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Error to the Court of Common Pleas of Northumberland county. On the 9th of August, 1855, the plaintiff, Benjamin Hummell, presented his petition to the Court of Common Pleas of Northumberland county, praying the appointment of viewers to assess the damages sustained by him, from the location of the Sunbury and Erie Railroad through his land situate in Point township,' Northumberland county. The viewers were appointed and on the 22d of October, 1855, made a report, in which the damages were ^assessed, and stated as follows. “For the aforesaid quantity of said tract of land so taken and…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
Railroad companies are liable at common law for the damages done by fire, occasioned by the negligent management of their locomotive engines; and therefore it is plain that for the risk of such damage, no compensation can be allowed at the taking of the land for the construction of the road: 23 State Rep. 373. Must they make compensation, in advance, for the risk of fires not covered by this rule ?
The charter of this company does .not expressly say that they must; and therefore we must inquire what may reasonably be presumed to have been the…
2Cases cited3 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- President for erecting a Bridge over the River Lehigh v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833
- Commonwealth v. SnyderSupreme Court of Pennsylvania · 1834
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- Pane v. Department of HighwaysSupreme Court of Pennsylvania · 1966
- Shuster v. Central District & Printing Telegraph Co.Supreme Court of Pennsylvania · 1907
- Clements v. Phila. Co.Superior Court of Pennsylvania · 1896