Foust v. Pennsylvania Railroad

Citations

• 212 Pa. 213
• 61 A. 829
• 1905 Pa. LEXIS 586

Syllabus

<p>Railroads—Highways—Substituting one highway for another—Damages— Exceptional damages—Actions.</p> <p>Where a railroad substitutes one highway for another, it will be liable to a landowner, if in constructing the substituted road it damages such owner in a manner peculiar to himself and different in kind and degree from and beyond that which is sustained by the general public.</p> <p>Where a railroad company in constructing a substituted road makes access to a mill so inconvenient and dangerous as to drive away the customers of the mill alid compel its closing up, the owner of the mill may recover damages from the railroad company.</p> <p>Where in the improvement of its road, a railroad company occupies a public highway and supplies another, a common-law action may be maintained by a party injured thereby whose lands have not been taken in changing the site of the original highway, and whose injuries are peculiar to himself, and different in kind and degree from those sustained by the general public.</p>