Pennsylvania Railroad v. Riblet
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: No. 118, to October and November Term 1870. Jacob Riblet brought an action before a justice of the peace for the penalty imposed by the Act of March 23d 1868, “ To secure farmers against losses caused by railroads in Erie county,” and its supplement of April 23d 1868, Pamph.
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Error to the Court of Common Pleas of Erie county: No. 118, to October and November Term 1870. Jacob Riblet brought an action before a justice of the peace for the penalty imposed by the Act of March 23d 1868, “ To secure farmers against losses caused by railroads in Erie county,” and its supplement of April 23d 1868, Pamph. L. 424, 1022.— The act provided:— “ That it shall be the duty of each company owning or operating a railroad in the county of Erie, to erect, where not already erected, and to keep and maintain on each side of the track or tracks of said roads, at all places in said…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Sharswood, J.
— It appears to be well settled that without some provision in their charter to that effect, a railroad company is not bound to make or maintain fences along the line of their track: 1 Redfield on Railways 482; Railroad Company v. Skinner, 7 *167Harris 298. It may be conceded that it would not be within the constitutional power of the legislature to impose such an obligation on any existing company : at all events, not on any company whose charter antedates the amendment to the Constitution of 1854 and contains no reservation…
2Cases cited1 opinion
- New Albany & Salem Railroad v. TiltonIndiana Supreme Court · 1859
3Cited by52 opinions
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Busser v. SnyderSupreme Court of Pennsylvania · 1924
- Commonwealth Ex Rel. Schnader v. LiverightSupreme Court of Pennsylvania · 1927
- GLANCEY v. CaseySupreme Court of Pennsylvania · 1972
- Powell v. CommonwealthSupreme Court of Pennsylvania · 1887
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