Bodine v. Wayne Title & Trust Co.

Citations

• 33 Pa. Super. 68
• 1907 Pa. Super. LEXIS 243

Syllabus

<p>Conveyancers — Negligence—Damages—Searches—Covenant to fence.</p> <p>Where a title insurance company agrees as a conveyancer to examine title to land, and see that it is clear and free of all incumbrances, and by a separate contract in writing at a different date it insures the title, and it appears that the company negligently overlooked an incumbrance on the land created by the deed of a former owner, suit may be brought immediately upon the breach by the person injured against the company for the negligent performance of its professional duty as a conveyancer, and the question of the company’s liability under its title policy is not in the case.</p> <p>In an action against a conveyancer to recover damages for a loss resulting from negligence in overlooking a covenant' in a deed in the line of title by which the owner of the land was bound to erect and perpetually maintain a fence along a railroad company’s right of way, the measure of damages is the-actual cost of the fence, and such gross sum as will produce annually the amount it will cost annually to maintain the fence and keep it in repair.</p>