Leidigh v. Philadelphia, Harrisburg & Pittsburg Railroad

Supreme Court of Pennsylvania
Leidigh v. Philadelphia, Harrisburg & Pittsburg Railroad, 215 Pa. 342 (Pa. 1906)
64 A. 539; 1906 Pa. LEXIS 796
Bbown, Elkin, Fell, Mestbezat, Potted

Leidigh v. Philadelphia, Harrisburg & Pittsburg Railroad

Opinion of the Court

Per Curiam:,

This appeal is from an order continuing a preliminary injunction restraining the defendant from appropriating land for the widening of its road without having secured to the plaintiff compensation therefor. The order is based on the finding that the original entry on the land thirty years before was without permission or authority, and there being no monuments on the land to indicate an appropriation of the full width of sixty feet, authorized by the defendant’s charter, no right had been acquired by occupation except as to the land actually used. The correctness of this finding and the other questions involved may be considered after final decree. Following the established practice of this court, we will not consider them on this appeal.

The order is affirmed at the cost of the appellant.

Reference

Full Case Name
Leidigh v. Philadelphia, Harrisburg & Pittsburg Railroad Company
Cited By
1 case
Status
Published
Syllabus
Railroads — Eminent domain — Widening road — Width of right of way. On a bill in equity to restrain a railroad company from appropriating land for tbe widening of its road without having secured to tbe plaintiff compensation therefor, a decree continuing a preliminary injunction is properly entered where the court finds as a fact that the original entry on the land thirty years before was without permission or authority, and as there were no monuments on the land to indicate an appropriation of the full width of sixty feet, authorized by the defendant’s charter, no right had been acquired by occupation except as to the land actually used.