Brown v. Pittsburg, Carnegie & Western Railroad

Citations

• 29 Pa. Super. 131
• 1905 Pa. Super. LEXIS 278

Syllabus

<p>Railroads — Agreement with landowner — Covenant as to farm Crossing-Measure of damages.</p> <p>Where a railroad company agrees in consideration of a grant of a right of way to construct a safe and convenient farm crossing, but fails to construct the farm crossing for the reason that it had constructed a public crossing which the owner could use, the measure of damages for the breach of the covenant is the difference between the market value of the farm with a safe and convenient farm crossing, and its market value without any other farm crossing than that at the public crossing.</p>