Kemp v. Pennsylvania R. R.

Citations

• 156 Pa. 430
• 32 W.N.C. 419
• 26 A. 1074
• 1893 Pa. LEXIS 1369

Syllabus

<p>[Marked to be reported.]</p> <p>Railroads — Obstruction of private way — Release.</p> <p>Where the easement of a private way is imposed by the owner of one portion of his real estate for the benefit of another portion, a railroad company which purchases the land upon which the private way is situated, takes the property subject to tire easement.</p> <p>The rule, however, does not apply where the owner of the land has granted to the railroad company the right to enter upon the land and locate a railroad thereon, and has agreed to execute and deliver a deed in fee simple for the premises clear of all incumbrances, and also a release of all damages arising from the construction and the operation of the railroad.</p> <p>Release of damages — Right of way.</p> <p>An agreement between a landowner and a railroad company to sell the latter a right of way across the premises of the former, covers all damages of whatever sort suffered by the landowner for which he is legally entitled to compensation.</p> <p>A landowner conveyed a strip of land two hundred and ten feet in width to a railroad company, and released the company from all claims or damages which might accrue by reason of the construction, maintaining and operating the railroad on and over the land. At the time of the conveyance there was on the strip a private way connecting one part of the owner’s land with another. Where the lane crossed the tracks there was a plank crossing between the rails. Subsequently the railroad company laid twenty-four tracks on the strip, practically converting it into a yard. No plank crossing was laid between any of the rails, and the lane was seriously obstructed. Held, that the release of damages covered the injury done by the obstruction of the way.</p>