Crum v. Pennsylvania Railroad

Citations

• 226 Pa. 151
• 75 A. 183
• 1910 Pa. LEXIS 729

Syllabus

<p>Practice, C. P. — Pleading—Amendment of statement — Evidence.</p> <p>1. Where a plaintiff is permitted to amend his statement and no objection or exception is taken thereto, and the defendant subsequently pleads to the amended statement, the defendant cannot after-wards at the trial of the cause object to the admission of testimony on the ground that the amended statement was invalid because the only purpose of the amendment was to change dates after the statute of limitation had interposed.</p> <p>Deed — Construction—Railroad—Waters.</p> <p>2. Where a railroad company purchases a narrow strip of land to be used for the bed of a stream which it proposes to divert from its natural course, and the vendor in his deed releases the company from damages “by reason of the taking and occupying of the lot or piece of land above described, .... or by reason of the change of the course ” of the stream, the court will construe the release so as not to cover injuries to the vendor’s remaining lands by changes made by the company wholly upon the lands of others, and unrelated to the changes made on the vendor’s lands so far as concerns consequences to him.</p>