Beedy v. Nypano Railroad
Supreme Court of Pennsylvania
Appeal, No. 163, Jan. T., 1915, bj defendant, from decree of C. P. Crawford Co., Sept. T., 1913, No. 2, in equity, requiring specific performance of the covenants of a deed, in case of W. R. Beedy v. Nypano Railroad Company. Bill in equity to enforce the covenants of a deed. Before Prather, P. J. The opinion of the Supreme Court states the facts. The court granted the relief prayed for. Defendant appealed.
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Appeal, No. 163, Jan. T., 1915, bj defendant, from decree of C. P. Crawford Co., Sept. T., 1913, No. 2, in equity, requiring specific performance of the covenants of a deed, in case of W. R. Beedy v. Nypano Railroad Company. Bill in equity to enforce the covenants of a deed. Before Prather, P. J. The opinion of the Supreme Court states the facts. The court granted the relief prayed for. Defendant appealed. Errors assigned were various findings of fact and law of the trial judge and the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Defendant owns and operates a railroad running through Crawford County and through plaintiff’s farm. In 1912, desiring to widen and straighten and otherwise improve its roadbed, defendant purchased from plaintiff a strip of land through his farm about 265 feet in width; the deed therefor, which was executed by plaintiff and his wife, contained, among other provisions, the following clause: “In case the wells and springs situate upon the premises of the first parties shall become useless or impaired by reason of the construction of any railroad on the lands hereby…
2Cases cited5 opinions
- Peoples Natural Gas Co. v. Braddock Wire Co.Supreme Court of Pennsylvania · 1893
- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1896
- Wright v. Monongahela Natural Gas Co.Superior Court of Pennsylvania · 1896
- Kelly v. Nypano RailroadSupreme Court of Pennsylvania · 1901
- Coleman v. GrubbSupreme Court of Pennsylvania · 1854
3Cited by7 opinions
- DeSanno v. EarleSupreme Court of Pennsylvania · 1922
- Birdsall-Friedman Co. v. Globe & Rutgers InsuranceSupreme Court of Pennsylvania · 1937
- Spencer v. SpencerSupreme Court of Pennsylvania · 1916
- Stevenson v. Sun Co.Superior Court of Pennsylvania · 1921
- Buseck v. N. Y. C. & St. L. Ry. Co.Superior Court of Pennsylvania · 1930
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