Myers v. Pennsylvania Railroad

Citations

• 245 Pa. 534
• 91 A. 919
• 1914 Pa. LEXIS 912

Syllabus

<p>Negligence — Railroads—Operation—Injury caused by smoJce to adjoining land owner — Nonsuit.</p> <p>1. An adjoining land owner cannot recover for inconvenience or loss occasioned by smoke, noise or vibration which, result from the operation of a railroad in a lawful manner without negligence, unskillfulness or malice.</p> <p>. 2. In an action against a railroad company by an adjoining land owner to recover damages alleged to have been caused to plants of plaintiff’s greenhouses by the emission of smoke, soot and gas from the defendant’s engines, which were allowed to stand on a siding in front of plaintiff’s property while the engineers were awaiting orders, a judgment of nonsuit was properly entered, where it was conceded at the trial that the engines were equipped with all known appliances in general use to reduce the amount of smoke and soot and there was no evidence that would sustain a finding of negligent or unskillful operation.</p>