Vandivort v. Pittsburgh, Harmony, Butler & New Castle Railway Co.
Vandivort v. Pittsburgh, Harmony, Butler & New Castle Railway Co.
Opinion of the Court
Opinion by
By a written agreement dated May. 4,1906, the plaintiffs granted a right of way for a street railway through a piece of land owned by them; the line was constructed and is now being operated by the defendant company; one of the stipulations in the contract was that a stop should be maintained upon the premises of the plain: tiffs; the defendant refused to maintain this stop, whereupon the plaintiffs brought an action for damages; they recovered a verdict, upon which judgment was entered, and the defendant has appealed.
When the provision, “A stop to be on the premises,”
The agreement granting the right of way and releasing damages was signed in consideration not only of the cash sum then paid, but of “the benefits to be derived from the location, construction and operation of a railway through their land,” and, no doubt, the benefit to be derived from the proposed stop was taken into consideration in fixing the amount of money paid by the railway and accepted by the owners of the land; in other
It is not necessary to determine whether the plaintiffs were entitled to a freight as well as a passenger stop, for the trial court ruled that they had a right to the latter only, and so instructed the jury. A considerable part of the testimony produced by the plaintiffs, in relation to the damages, was based upon and confined to.a stop for passenger purposes only; hence; the court below did. not err in refusing to affirm points which assumed a .contrary state of fact. None of the cases relied upon.by the appellant is applicable here; and we see no merit, in. any of the assignments of error. .
The judgment of the court below is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.