Dubbs v. Phila. & Reading R. R.

Citations

• 148 Pa. 66
• 23 A. 883
• 1892 Pa. LEXIS 910

Syllabus

<p>Bailroads — Farm crossings — Act of Feb. 19, 1849, sec. 12.</p> <p>The plain object of the act of February 19,1849, sec. 12, P. L. 79, was to compel railroad companies to give the owners of farms a convenient mode of access from one part to the other when divided by a railroad. While it may not be impossible for a farmer in gathering his crops to make a detour of half a mile in getting from one field to an adjoining field, it would nevertheless be intolerably inconvenient.</p> <p>Defendant’s railroad was located through plaintiff’s farm. Defendant constructed a crossing for plaintiff over their tracks, but afterwards removed it, claiming that plaintiff had access by a public road. The route by way of this public highway required him to make a detour of about half a mile to pass from one portion of his farm to the other, while the crossing which the company constructed and afterwards removed gave him convenient access.</p> <p>Held, that the provisions of the act were applicable in this ease, and that the plaintiff could recover damages for the removal of the crossing.</p> <p>Whether a road skirting a man’s land, or passing along the edge of it, is a road “ running through” the land, within the meaning of the proviso to the above section of the act, not decided.</p>