Supreme Court of Pennsylvania, 1895

Kearney v. Central Railroad

Kearney v. Central Railroad
Supreme Court of Pennsylvania · Decided April 8, 1895 · Green, McCollum, Mitchell, Sterrett, Williams
167 Pa. 362; 31 A. 637; 1895 Pa. LEXIS 912

Kearney v. Central Railroad

Opinion of the Court

Per Curiam,

It is very clear that the injury complained of by plaintiff did not result from the operation of the road by the defendant who was merely the lessee thereof. If he sustained any actionable injury it must have resulted from the construction of the bridge, etc., and not from the operation of the railroad merely. The *364bridge was not built by defendant company, but by another railroad company. The learned trial judge rightly held that there could be no recovery against the defendant.

There is nothing in either of the specifications that calls for discussion. They are all dismissed and the judgment is affirmed.

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