Legal Opinion

Robinson v. Pennsylvania R. R.

Supreme Court of Pennsylvania

Decided May 21, 1894No. Appeal, No. 161PublishedCited by 3 opinions

Appeal, No. 161, Jan. T., 1894, by-defendant, from judgment of C. P. Chester Co., April T., 1898, No. 8, on verdict for plaintiff, Moncure Robinson, Jr., and wife. Ejectment. Before Waddell, P. J. At the trial it appeared that in October, 1890, the Pennsylvania Railroad, in locating its Trenton branch, took a strip of land of an average width of one hundred and forty feet and forty-two hundred and fifty feet long through plaintiff’s farm.

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Appeal, No. 161, Jan. T., 1894, by-defendant, from judgment of C. P. Chester Co., April T., 1898, No. 8, on verdict for plaintiff, Moncure Robinson, Jr., and wife. Ejectment. Before Waddell, P. J. At the trial it appeared that in October, 1890, the Pennsylvania Railroad, in locating its Trenton branch, took a strip of land of an average width of one hundred and forty feet and forty-two hundred and fifty feet long through plaintiff’s farm. Under the act of April 13, 1846, P. L. 319, the power of the Pennsylvania Railroad Company to take land was expressly limited to a strip sixty-six feet…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

Prima facie the authority of the railroad company defendant to take land for its right of way is limited to a width of sixty-six feet. Any greater right must depend on the existence of one or more of the exceptional circumstances specified in the charter, and such circumstances must be shown. The learned judge below was quite within bounds in saying to the jury that they might consider that matter, but that he recollected no evidence of any necessity for additional width. He would have been justified in telling them positively that there was no such evidence in…

2Cited by3 opinions

  1. Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925
  2. Delaware, Lackawanna & Western Railroad v. Tobyhanna Co.Supreme Court of Pennsylvania · 1911
  3. Robinson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1898

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