King v. Union R. R. Co.

Opinion by

Mr. Justice Linn,

Plaintiffs appeal from the dismissal of their bill to, restrain Union Railroad Company, organized pursuant to the general railroad law, from exercising the power of eminent domain conferred by that law and the widening Act of March 17, 1869, P. L. 12, as amended, 67 PS section 321. The purpose of the condemnation was to obtain sufficient land for an additional track adjoining its present two track road. Defendant filed preliminary objections setting forth that no cause of action was pleaded. The bill complains that the condemnation is not in the public interest but…