Palmer v. Delaware, Lackawanna & Western R. R.

Citations

• 277 Pa. 1
• 120 A. 668
• 1923 Pa. LEXIS 351

Syllabus

<p>Railroads — Switch — Abandonment of switch — Relocation of main line — Act of March 17, 1869, P. L. 12 — Damnum absque injuria.</p> <p>1. There is no implied duty on a railroad company to maintain perpetually a switch track it has constructed for the accommodation of a neighboring property.</p> <p>2. Where a railroad company changes the location of its right-of-way and tracks as authorized by the Act of March 17, 1869, P. L. 12, and does so in a lawful way, and such change necessitates the abandonment of a switch constructed on the property and for the accommodation of a manufacturing corporation, such corporation’s loss is damnum absque injuria.</p> <p>3. Where a railroad company has constructed such a switch, it may remove the rails, etc., when it abandons the switch, without accounting for the same to the owner of the land.</p> <p>4. Where the owner has had the benefit of the switch for thirty-two years, he cannot recover what he originally expended in its construction; especially is this so in an action of trespass and where there is no evidence as to the value of the property removed, or of any damage done by the removal.</p>