Freeland v. Pennsylvania Railroad

Citations

• 66 Pa. 91
• 1870 Pa. LEXIS 282

Syllabus

<p>1. The Pennsylvania Railroad Co. after the purchase of the public works raised a dam on the Susquehanna; in an extraordinary flood the land of Freeland' was overflowed, the injury being increased by the raising of the dam. Held, that under the Act of May 16th 1857 (Sale of Public Works), the company had the right to raise the dam and were not liable to Freeland.</p> <p>2. The intention of the act was that the purchasers should hold and use the works for the objects for which they were created and bring them to the highest condition of utility.</p> <p>3. The condition in which the Commonwealth had maintained the works was not to be the standard for the future.</p> <p>4. The act conferred on the company the right to exercise the state’s eminent domain and exempted them from liability for consequential damages.</p> <p>5. The company is not bound to erect guard-walls to confine the stream to fixed limits and prevent overflow in high floods.</p> <p>6. Evidence of the height of a flood after suit brought for damages by a previous one, was irrelevant unless it had been shown to have some connection with that one.</p> <p>7. When evidence apparently irrelevant is offered, it must be stated how it is supposed to be relevant and this must appear in the bill of exceptions.</p>