Dubbs v. Phila. & Reading R. R.
Supreme Court of Pennsylvania
Appeal, No. 30, July T., 1891, by defendant, from judgment of C. P. Lehigh Co., Sept. T., 1890, No. 28, on verdict for plaintiff, Silas Dubbs. Trespass for damages for removing crossing over defendant’s tracks constructed pursuant to act of Feb. 19, 1849. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 30, July T., 1891, by defendant, from judgment of C. P. Lehigh Co., Sept. T., 1890, No. 28, on verdict for plaintiff, Silas Dubbs. Trespass for damages for removing crossing over defendant’s tracks constructed pursuant to act of Feb. 19, 1849. The facts appear by the opinion of the Supreme Court. The court (Albright, P. J.) charged, in part, as follows: “ The court is of the opinion that the Railroad Company was required to maintain one crossing for the benefit of the owner of the Dubbs farm.” [4] “ The court is of the opinion that the existence of the public roads as they are…
1Opinion of the Court
Per Curiam,
The plaintiff brought this suit, in the court below, against the Philadelphia & Reading Railroad Co., lessees of the East *68Pennsylvania Railroad Co., to recover damages for an alleged unlawful removing by the defendant of a plank crossing over the tracks of the East Pennsylvania Railroad, connecting the farm of the plaintiff severed or divided by the East Pennsylvania Railroad.
The 12th section of the act of Feb. 19, 1849, P. L. 79, provides, inter alia, “-That, whenever, in the construction of such road or roads, it shall be necessary to cross or intersect any established road or…
2Cited by8 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SmithIndiana Supreme Court · 1912
- Estate of Spickler v. County of Lancaster Board of CommissionersSupreme Court of Pennsylvania · 1990
- Sharon Borough v. Pennsylvania Co.Superior Court of Pennsylvania · 1910
- Davis v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
- Sonnen v. Reading Co., Pennsylvania Court of Common Pleas, Lebanon County1967
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