Boyd v. Baltimore & Ohio Railroad

Citations

• 73 Pa. Super. 107

Syllabus

<p>Contracts — Siding contracts — Termination cla/use — Notice.</p> <p>Where a contract for the construction of a siding contains an agreement to discontinue the use thereof upon thirty days’ notice and the railroad company subsequently removes the switching (connection into the siding, without giving notice, it is responsible to the plaintiff for such damages as accrue during the thirty days subsequent to the actual taking up and removal of the track. When the switch was removed the subject-matter of the contract ceased to exist; and although the defendant did not conform to the contract, and give the written notice, nevertheless the plaintiff received actual notice by the alteration of the connection, and he was entitled to recover what the switch would have been worth to him during the thirty days following the removal.</p>