Damon v. Balt. & Phil. R.

Citations

• 119 Pa. 287
• 13 A. 217
• 1888 Pa. LEXIS 548

Syllabus

<p>1. The prohibitive words of § 10, act of February 19, 1849, P. L. 83, forbidding railroads from passing through “ any dwelling-house,” etc., embrace that portion of the curtilage which is necessary to the enjoyment of the dwelling-house, but not such part as may be merely desirable or convenient, depending upon the will of the owner: Swift and Given’s App., 111 Pa. 516, discussed.</p> <p>2. Where the land taken by a railroad company, at its nearest point was more than 100 feet distant from and not within the same inclosure with the dwelling; the carriage-way unchanged and access not materially interfered with; no out-buildings taken, and the bam, fifty feet distant from the road, not cut off from the dwelling, and an ample remedy in damages for every matter of inconvenience and injury existing, it was not error to dismiss a bill filed by the owner to restrain the occupation by the railroad company.</p>