Kier v. Boyd

Supreme Court of Pennsylvania
Kier v. Boyd, 60 Pa. 33 (Pa. 1869)
Agnew, Read, Sharswood, Thompson, Williams

Kier v. Boyd

Opinion of the Court

The opinion was delivered

Per Curiam.

— The decree below was undoubtedly correct. The appellants had no right to encroach on the property of the appellees under the pretext of a necessity for widening their roadbed : Lance’s Appeal, 5 P. F. Smith 16. If they cannot lay down a double track on ground appropriated by the law for one, they must be content with one, or proceed according to law to acquire ground for a second. Their necessities will not justify them in trespassing.

Decree affirmed at the cost of the appellants.

Reference

Full Case Name
Kier versus Boyd et ux.
Cited By
1 case
Status
Published