Scowden v. Erie Railroad

Citations

• 26 Pa. Super. 15
• 1904 Pa. Super. LEXIS 252

Syllabus

<p>Railroads — Fences—Covenant running with land — Negligence—Contributory negligence.</p> <p>An agreement by a railroad company with, a landowner, in consideration of a grant of a right of way to erect and maintain fences along the right of way, is a covenant running with the land, and may be enforced against the railroad company by a successor in title to the original owner.'</p> <p>Where a landowner has full knowledge that the fences along a railroad company’s right of way are in a decayed, dilapidated and unsafe condition, but nevertheless turns his horses-into the field along the right of way, and the horses break down the fence and are killed on the railroad tracks by a passing train, the owner’s contributory negligence will preclude him from recovery from the railroad company, although the latter was under a contractual obligation to him to keep the fences in repairs.</p>