Buckwalter v. Lancaster & Lititz Turnpike Road Co.

Citations

• 60 Pa. Super. 195
• 1915 Pa. Super. LEXIS 168

Syllabus

<p>Turnpike companies — Street railway — Occupancy of road by railway — Liability to landowners.</p> <p>Where- a street railway company organized under the General Street Railway Act of May 14, 1889, P. L. 211, locates its right of way. over a turnpike road in pursuance of the power conferred upon it hy the act and without the consent of the turnpike company, and as a part of the compensation to be paid for the use of the road agrees to keep in proper repair the entire roadway of the turnpike company, and- to assume the responsibilities of the latter in relation thereto, the turnpike company thereafter, cannot be held liable for damages to abutting property because pipes or culverts laid by the railway company were not provided of sufficient size to carry off water from the abutting land across or under the roadbed. The railway company will be alone liable for such damages.</p>