Bierly v. Philadelphia & Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 6, Jan. T., 1909, by plaintiffs, from decree of C. P. Clinton Co., Jan. T., 1907, No. 1, dismissing bill in equity in case of Jonathan B. Bierly et al. v. Philadelphia & Erie Railroad Company. Bill in equity for an injunction. Before Hall, P. J. The opinion of the Supreme Court states the facts. Error assigned was in dismissing the bill.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
It has passed beyond controversy that a railroad company in widening its line under the provisions of the Act of March 17, 1869, P. L. 12, may appropriate by condemnation proceedings ground occupied by a dwelling house standing in the way of the improvement. This much is settled in Dryden v. Ry. Company, 208 Pa. 316. It would be a strange reasoning that would restrict this legislative grant of power to cases of widening the road, when the act of assembly which allows it for that purpose, by equally express terms, gives it where the purpose is either to…
2Cases cited1 opinion
- Dryden v. Pittsburg, Virginia & Charleston Railway Co.Supreme Court of Pennsylvania · 1904
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