Nalley v. Pennsylvania Railroad

Citations

• 177 Pa. 117
• 35 A. 638
• 1896 Pa. LEXIS 955

Syllabus

<p>Ways — Grant of right of way — Lateral railroad — Damages.</p> <p>Where the owner of land grants to another a right of way thirty feet wide, and subsequently recovers damages for a twenty feet space allowed within the limits of the right of way for the construction of a lateral railroad, his subsequent grantees of other land described as abutting upon the right of way cannot recover damages for the construction of a second track of the lateral railroad within the limits of the original twenty feet; and in a suit to recover such damages it is error for the court to submit to the jury the question whether or not the right of way was a public street by dedication, without at the same time limiting the definition of such public street by the qualifying effects of the prior grant of the right of way and the construction of the lateral railroad.</p>