Hoffeditz v. South. Penn. R. & M. Co.

Supreme Court of Pennsylvania
Hoffeditz v. South. Penn. R. & M. Co., 129 Pa. 264 (Pa. 1889)
18 A. 125; 1889 Pa. LEXIS 950
Clark, Ctjexam, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

Hoffeditz v. South. Penn. R. & M. Co.

Opinion of the Court

Pee Ctjexam:

It was not error to enter judgment for the defendant non obstante veredicto upon the reserved point. The release was broad in its terms. After reciting the consideration, $1,000, and certain acts to be performed by the defendant company, it “remised, released, quit-claimed and forever discharged the Southern Pennsylvania Iron & Railroad Company, their successors and assigns, of and from all suits, claims, demands and damages whatever, for, upon, or by reason of their entry upon and taking and occupying the above described narrow pieces or strips of land and the location and construction thereon of thp said railroad and works connected therewith.” In connection with this release, there was the fact, admitted upon the trial, and incorporated into the point reserved, “that the culvert and embankment on the plaintiff’s land, as now maintained, was constructed and completed before the date and delivery of the release offered in evidence.” In the face of these facts we are unable to see any ground upon which the plaintiff could rest his claim for damages. There must be some color of right to sustain a suit even against a railroad company. There is none in this case.

Judgment affirmed.

Reference

Full Case Name
A. H. HOFFEDITZ v. SOUTH. PENN. R. & M. CO.
Cited By
7 cases
Status
Published
Syllabus
Where the owners of land, for a valuable consideration, released a railroad company from all suits, claims, demands and damages by reason of its entry, and the location and construction thereon of its railroad and works connected therewith, such release is a bar to an action by a subsequent lessee of said owners, brought to recover damages for injuries caused by an insufficient culvert constructed prior to the execution of the release.