Neff v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 238, Jan. T., 1901, by defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1900, No. 23, on verdict for plaintiff in case of R. K. Neff v. Pennsylvania Railroad Company. Trespass to recover damages for injuries to land caused by the remoyal of a bridge over a private lane.
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Appeal, No. 238, Jan. T., 1901, by defendant, from judgment of C. P. Huntingdon Co., Sept. T., 1900, No. 23, on verdict for plaintiff in case of R. K. Neff v. Pennsylvania Railroad Company. Trespass to recover damages for injuries to land caused by the remoyal of a bridge over a private lane. Before Bailey, P. J. At the trial counsel for plaintiff proposed to show by B. K. Neff, that his father, Jacob Neff, Jr., and his grandEather, Jacob Neff, Sr., lived on the farm known as the Benjamin K. Neff farm, adjoining the Gilbert Neff farm on the west; that his grandfather owning both tracts of…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In the view we take of this case, the declarations of contractor Cams become immaterial to the issue between the parties, and although the testimony admitted to show his statement relative *379to the construction of the bridge should have been excluded, yet it did the defendant no harm and its admission is therefore not reversible error. For more than seventy years, the owners of the servient property, including the defendant company, had by their acts construed the clause in the elder Neff’s deed as giving the owner of the dominant property “ the privilege of…
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