Braine v. Northern Central Railway Co.

Citations

• 218 Pa. 43
• 66 A. 985
• 1907 Pa. LEXIS 451

Syllabus

<p>Railroads — Waters—Bridging stream — Damages—Negligence.</p> <p>The right of a railroad company to build a bridge across a stream includes the right to place necessary piers on its banks and in its bed, and for the proper exercise of this right there is no liability although there may be where’ special injury results from its arbitrary, wanton, or negligent exercise.</p> <p>In an action against a railroad company to recover damages for injuries to land alleged to have been caused by negligence in the construction of a bridge pier in a stream, it is reversible error for the court to charge that although the owner of a right of way across a stream of water has a right to bridge it, he will be liable for an injury caused by any change or modification or interference with the natural flow of the water at its ordinary height or at a time of flood.</p> <p>Such an instruction is too broad in that it would permit a recovery for injuries incidentally ensuing, from the careful exercise of a legal right.</p>