Thornburgh v. West Penn Railways Co.

Citations

• 254 Pa. 246
• 98 A. 894
• 1916 Pa. LEXIS 714

Syllabus

<p>Contracts — Agreement to abide by award — Arbitrators—Street railway company — Erection of line on private property — Damages.</p> <p>Where a street railway company constructed poles and lines over the center of a large tract of land belonging to the plaintiff and thereafter entered into a written agreement empowering arbitrators to decide the amount of compensation due the property owner for the construction of such line, and the use and occupation thereof, and such agreement provided that the award should be conclusive and that within thirty days thereafter a deed conveying the right of way over the premises should be delivered to the street railway company, which would at that time pay the amount of damages awarded, in an action thereafter brought by the property owner against the railway company where it appeared that the deed had been duly tendered and that defendant had failed to pay the amount of damages awarded, an affidavit of defense was insufficient which averred, (1) that the deed was insufficient, but failed to specify in what particulars; (2) that the arbitrators considered in estimating the amount of the damages the item of future damages to the land of the plaintiff resulting from the maintenance and operation of such line, where it appeared that the line was through the center of plaintiff’s land and it would be necessary to cross thereover for the purpose of making repairs; (3) that the arbitrators erred in assuming that the defendant would have the right to enter upon and cross the land at any point that might be desired for the purpose of maintaining and operating the line.</p>