Rundell & Co. v. Lehigh Valley Railroad

Citations

• 254 Pa. 529
• 98 A. 1054
• 1916 Pa. LEXIS 762

Syllabus

<p>Negligence — Railroads—Adjacent buildings — Fires — Leases — Covenant — Release of damages — Nonsuit.</p> <p>1. A railroad company cannot contract for exemption, wholly or partially, from liability for damages caused by fire, in derogation of its duty to the public as common carrier; but it is not contrary to public policy to provide for such exemption as a consideration for permitting another to place or erect and use property on its premises, where such agreement does not embrace property for the injury or destruction of which the company is liable as common carrier.</p> <p>2. As an owner of property a railroad is at liberty to stipulate for any exemption that would he valid in a lease between individuals.</p> <p>3. In an action against a railroad company to recover damages for the destruction by fire of certain buildings as the alleged result of the dropping of coals from á defective ash pan on one of defendant’s locomotives, a compulsory nonsuit was properly entered where it appeared that the buildings were erected on land leased to the plaintiff by the railroad owning the right of way, over which by agreement defendant had the right to operate; and that such lease expressly stipulated that, in recognition of the danger from fire, the lessor was released from all claims or actions for damages arising from the construction, location or operation of the said railroad and its appurtenances, and that all rights given in the lease should extend to the heirs, executors, administrators and assigns of the parties thereto.</p> <p>4. In such case the contention that the lease did not inure to the benefit of the defendant company, where it appeared from the stipulation filed that it had acquired the right to operate trains over the tracks in question, and it was so operating at the time of the fire, was without merit.</p>