Supreme Court of Pennsylvania, 1892

Borough of Pottsville v. People's Railway Co.

Borough of Pottsville v. People's Railway Co.
Supreme Court of Pennsylvania · Decided March 28, 1892 · Green, Heydrick, Paxson, Sterrett, Williams
148 Pa. 175; 23 A. 900; 1892 Pa. LEXIS 939

Borough of Pottsville v. People's Railway Co.

Opinion of the Court

Per Curiam,

The master has found from the testimony in the case that the railroad track in question is a siding, and not an extension of the road of the company. This finding was approved by the learned judge of the court below, and there is no proper specification of error which covers this question.

The master has further found, as a conclusion of law, that the right to build such sidings as may be required for its business has not been forfeited or lost, because not exercised by the company within the period limited in the act for the location and construction of the road. It has never been doubted that when a railroad company has constructed its road within the period limited by law, it may subsequently construct, from time to time, such switches or sidings as may be necessary for the handling of its business and the operation of its road. Were it otherwise, it would be impossible for a railroad company to keep pace with the increasing demands of business, and to accommodate the public.

The decree is affirmed, and the appeal dismissed at the costs of the appellants.-

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