Kraeer v. Pennsylvania Railroad

Citations

• 218 Pa. 569
• 67 A. 871
• 1907 Pa. LEXIS 571

Syllabus

<p>Railroads — Farm crossings — Covenant—Agreement with landowner— Abolition of crossing.</p> <p>Where a railroad company covenants with a landowner to provide for “suitable farm crossings,” and it appears that the successors in title of the original covenantee, for a long period of years had used one of the crossings as a means of egress from their lands, and to reach a village, post office and station, and such use had been acquiesced in by the railroad company, the railroad company cannot abolish the crossing, on the ground that it had ceased to be used as a farm crossing.</p> <p>All contracts made by a railroad company with the landowner whereby privileges are wholly or in part obtained without condemnation, are favorably regarded by the courts and will be construed strongly in favor of the landowner.</p>