Kearney v. Central Railroad

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

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.

Reference

Full Case Name
Patrick Kearney v. Central Railroad Co. of New Jersey
Cited By
2 cases
Status
Published
Syllabus
Railroads — Injury caused by construction of road — Lease—Negligence. Where injury to land is caused by the original construction of a railroad bridge, and not by the operation of the railroad over it, a company which leased the bridge after its completion, and operated the road, is not liable for the injury.