Krug v. Peale

Citations

• 35 Pa. Super. 1
• 1907 Pa. Super. LEXIS 196

Syllabus

<p>Easement — Private railroad — Damages—Trespass.</p> <p>A person who has a right under a deed to construct a private railroad over the lands of another, is liable to the owner of the servient land only for the wanton, willful, or negligent acts of himself, or those acting by his direction, in the construction and operation of the railroad.</p> <p>Where a person has the right by deed to construct over the land of another a private railroad for the transportation of coal from a mine, the owner of the servient land cannot in an action of trespass recover damages for injuries alleged to be due to the wrongful construction and operation of the railroad, include a claim for damages for a use of the road not authorized by the defendant’s grant.</p> <p>Appeals — Practice, C. P. — Points and, answers — Contradiction of record.</p> <p>Where the record of an appeal shows that the trial judge read and answered appellant’s points in the hearing of the jury, the appellate court will not consider the oral statements of counsel that the trial judge did not read and answer the points in the presence of the jury.</p>