Pennsylvania Co. v. Stanley

Citation37 N.E. 288, 10 Ind.App. 421
Case DateApril 24, 1894
CourtCourt of Appeals of Indiana

10 Ind.App. 421
37 N.E. 288

PENNSYLVANIA CO.
v.
STANLEY.
1

Appellate Court of Indiana.

April 24, 1894.


Appeal from circuit court, Starke county; A. J. Gould, Special Judge.

Action by Jesse Stanley against the Pennsylvania Company to recover damages to plaintiff's lots caused by the change of grade by defendant of a street so as to cut off entrance to an alley on which plaintiff's lots abut. From a judgment for plaintiff, defendant appeals. Affirmed.


Allen Zollars, for appellant. N. J. Bozarth, for appellee.

GAVIN, J.

In 1854 the appellant's predecessor constructed its railway crossing at a highway which is now Joliet avenue, in the city of Valparaiso. There was a deep cut at the point of crossing, and the railroad company constructed a bridge, and carried the highway over the railroad. Years after, the land adjoining the railroad was platted into lots, and a strip of ground, 16 feet wide, extending from Joliet avenue to Logan street, was left as an alley, which was used by the public and by appellee, who owned three lots which abutted on this alley, and were 20 or 25 rods from Joliet avenue. In 1891, owing to the increased height of the cars used by the company, the bridge became too low and dangerous. Appellant therefore erected a new bridge, raising it two and one-half or three feet higher than the old one. This made it necessary to raise the approaches at either end, in doing which, access to the alley from Joliet avenue was cut off by reason of the embankment erected on Joliet avenue. As a result, the value of the appellee's property was seriously impaired. In doing this work, appellant confined himself to the limits of the highway, and both the county commissioners and the common council of Valparaiso acquiesced therein. The work was done with proper care. Appellant's position is thus stated by counsel: “We maintain-First, that in the raising of the bridge and approaches the company did no wrong for which it is liable to any one in any way; and, second, that, if it did, appellee has suffered no injuries other than those suffered by the general public, and therefore cannot maintain an action for damages in his own name.”

The first proposition asserted is based upon the theory that appellant was authorized by law (Rev. St. 1894, § 5153; Rev. St. 1881, § 3903) to change the grade of this highway in order to restore it as nearly as practicable to its former state of usefulness, and, the act being one authorized by law, no liability could follow from it. In the case of Egbert v. Railway Co., 6 Ind. App. 350, 33 N. E. 659, it was decided by this court, after quite a full consideration, that the railroad company which raised a highway at its crossing, as it was by law authorized to do, was nevertheless liable to the individuals whose private property rights were encroached upon. The authority granted by the legislature to make the change of grade of the highway relieves the company from liability for its acts so far as they affect the public rights, but does not excuse it from...

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11 practice notes
  • White v. Southern Ry. Co, (No. 12323.)
    • United States
    • United States State Supreme Court of South Carolina
    • November 22, 1927
    ...such change. Coyne v. Memphis, 118 Tenn. 651, 102 S. W. 355; Dana v. Rock Creek Railway Co., 7 App. D. C. 482; Penn. Co. v. Stanley, 10 Ind. App. 421, 37 N. E. 288, 38 N. E. 421; McNulta v. Ralston, 5 Ohio C. C. 330, 3 Ohio C. D. 163; Jersey City v. Central Railway Co., 40 N. J. Eq. 417, 2 ......
  • Hubbell v. City of Des Moines, No. 30131.
    • United States
    • United States State Supreme Court of Iowa
    • October 2, 1915
    ...be depriving him of property without due process of law. Gargan's Case, 89 Ky. 212, 12 S. W. 259, 6 L. R. A. 340. In Stanley's Case, 10 Ind. App. 421, 37 N. E. 288, 38 N. E. 421, the alley was closed at one end so as to cut off the entrance to it at that end, and it is held that this presen......
  • Hubbell v. City of Des Moines, 30131
    • United States
    • United States State Supreme Court of Iowa
    • October 2, 1915
    ...due process of law. Gargan v. Louisville, N. A. & C. R. Co., (Ky.) 89 Ky. 212, 12 S.W. 259. In Pennsylvania Co. v. Stanley, (Ind.) 10 Ind.App. 421, 37 N.E. 288, 289, the alley was closed at one end so as to cut off the entrance [173 Iowa 89] to it at that end, and it is held that this prese......
  • Canady v. Coeur d'Alene Lumber Co.
    • United States
    • Idaho Supreme Court
    • December 23, 1911
    ...Water Co., 110 Ky. 175, 61 S.W. 47; Rochette v. Chicago M. & St. P. R. Co., 32 Minn. 201, 20 N.W. 140; Pennsylvania Co. v. Stanley, 10 Ind.App. 421, 37 N.E. 288, 38 N.E. 421; Ridgway v. City of Osceola, 139 Iowa 590, 117 N.W. 974; Long v. Wilson, 119 Iowa 267, 97 Am. St. 315, 93 N.W. 282, 6......
  • Request a trial to view additional results
14 cases
  • White v. Southern Ry. Co, (No. 12323.)
    • United States
    • United States State Supreme Court of South Carolina
    • November 22, 1927
    ...such change. Coyne v. Memphis, 118 Tenn. 651, 102 S. W. 355; Dana v. Rock Creek Railway Co., 7 App. D. C. 482; Penn. Co. v. Stanley, 10 Ind. App. 421, 37 N. E. 288, 38 N. E. 421; McNulta v. Ralston, 5 Ohio C. C. 330, 3 Ohio C. D. 163; Jersey City v. Central Railway Co., 40 N. J. Eq. 417, 2 ......
  • Hubbell v. City of Des Moines, No. 30131.
    • United States
    • United States State Supreme Court of Iowa
    • October 2, 1915
    ...be depriving him of property without due process of law. Gargan's Case, 89 Ky. 212, 12 S. W. 259, 6 L. R. A. 340. In Stanley's Case, 10 Ind. App. 421, 37 N. E. 288, 38 N. E. 421, the alley was closed at one end so as to cut off the entrance to it at that end, and it is held that this presen......
  • Hubbell v. City of Des Moines, 30131
    • United States
    • United States State Supreme Court of Iowa
    • October 2, 1915
    ...due process of law. Gargan v. Louisville, N. A. & C. R. Co., (Ky.) 89 Ky. 212, 12 S.W. 259. In Pennsylvania Co. v. Stanley, (Ind.) 10 Ind.App. 421, 37 N.E. 288, 289, the alley was closed at one end so as to cut off the entrance [173 Iowa 89] to it at that end, and it is held that this prese......
  • Canady v. Coeur d'Alene Lumber Co.
    • United States
    • Idaho Supreme Court
    • December 23, 1911
    ...Water Co., 110 Ky. 175, 61 S.W. 47; Rochette v. Chicago M. & St. P. R. Co., 32 Minn. 201, 20 N.W. 140; Pennsylvania Co. v. Stanley, 10 Ind.App. 421, 37 N.E. 288, 38 N.E. 421; Ridgway v. City of Osceola, 139 Iowa 590, 117 N.W. 974; Long v. Wilson, 119 Iowa 267, 97 Am. St. 315, 93 N.W. 282, 6......
  • Request a trial to view additional results

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