Wilson v. Pittsburg & Lake Erie Railroad
Wilson v. Pittsburg & Lake Erie Railroad
Opinion of the Court
Opinion by
This is an appeal from an order refusing approval of a bond presented by a railroad company to secure compensation for land appropriated by the company in the exercise of the power of eminent domain, claimed to be conferred by the Act of March 17, 1869, P. L. 12. The revisory jurisdiction of this court upon such appeal is that, and that only, which the Supreme Court had upon certiorari prior to the Act of May 9,
Where it appears by the resolution of the board of directors of a railroad company invested with the power of eminent do
But, on the other hand, whatever be the authority of the court to sanction or to overlook mere informality in a proceeding for approval of a bond in condemnation proceedings, it is quite clear that the court is not under legal obligation to approve the bond tendered where it does not affirmatively and unequivocally appear, either in the petition or in the notice or in the bond itself, that the land is proposed to be taken for a purpose for which lands may be acquired by condemnation. The act of 1869 does not confer upon railroad companies unlimited power to acquire land by condemnation whenever in the opinion of the board of directors the acquisition of such land is necessary for the accomplishment of either of the objects specified in this petition. The powers it confers are “ to straighten, widen .... and otherwise improve the whole or portions of their lines of railroad,” and, in the exercise of either of these powers, to acquire land by condemnation proceedings whenever in the opinion of the board of directors the same— that is, the widening, straightening, or otherwise improving the line of railroad — may be necessary for the better securing the safety of persons and property and increasing the facilities and capacity for the transportation of traffic thereon. Not everything that would remotely or immediately tend to the accorn
Further, while the court suggests in its opinion two reasons for the refusal to approve the bond, it is not stated that they are the only reasons. The question of the sufficiency of the amount of the bond was for adjudication upon testimony, and, for aught the record or the opinion affirmatively shows, the court may have deemed it insufficient.
But apart from this consideration, in the view we take of the other features of the case, it is unnecessary to take up time in discussing the questions whether the rule of court requiring all “ exceptions of fact .... and all papers stating facts on which the court or judge may be called on to act shall be verified by affidavit ” was applicable to objections filed under this special order, and, if it was, whether the court had power to suspend the operation of its general rule in this particular case and was justified in doing so. For if no formal objections had been filed we cannot say from an inspection of the record that the court was under legal obligation to approve the bond even though it was sufficient in amount; or, to state the
The order is affirmed.
Reference
- Full Case Name
- Wilson v. Pittsburg & Lake Erie Railroad Company
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Railroads — Condemnation proceedings — Widening—Act of March 17, 1869, P. L. 12 — Practice, C. P. — Jurisdictional averments in petition. A petition by a railroad company in widening proceedings under the Act of March 17,1869, P. L. 12, for the approval of a bond, which averred that the board of directors of the company had adopted a resolution “to acquire additional ground for the better securing and safety of persons and property,-and to increase the facilities and capacity for the transportation of traffic upon its said road,” is defective, and is properly dismissed, where there is nothing either in the petition, the notice, or the bond to indicate that it was the purpose of the company to “ straighten, widen .... and otherwise improve the whole or portions of their lines of railroad.” The court is not under legal obligation to approve the bond tendered where it does not affirmatively and unequivocally appear either in the petition or in the notice, or in the bond itself, that the land is proposed to be taken for a purpose for which lands may be acquired by condemnation. In proceedings under the act of 1869, where the petition, notice and bond are all in proper form and contain the proper jurisdictional averments, it is the duty of the court to approve the bond and permit it to be filed for the benefit of those interested. In such a case and in that form of proceeding, the question whether the land is necessary for which the company proposes to take it, is not before the court for adjudication upon testimony outside the record. The resolution of the board of directors that the land is necessary for the specified purpose for which the company may condemn it, properly averred in the petition, is conclusive upon the court.