Snee v. West Side Belt Railroad
Supreme Court of Pennsylvania
Appeal, No. 61, Oct. T., 1904, by defendant, from decree of O. P. No. 2, Allegheny Co., Jan. T., 1903, No. 65, on bill in equity in case of-John A. Snee v. West Side Belt Railroad Company. Bill in equity for an injunction.
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Appeal, No. 61, Oct. T., 1904, by defendant, from decree of O. P. No. 2, Allegheny Co., Jan. T., 1903, No. 65, on bill in equity in case of-John A. Snee v. West Side Belt Railroad Company. Bill in equity for an injunction. Before Fbazeb, P. J. The court found the facts to be as follows: 1. The plaintiff is the owner of a farm situate in Jefferson township, this county, containing eighty-six acres, through a portion of which flows a stream of water known as Peters creek. 2. The defendant is a corporation created under the general railroad laws of this commonwealth, for the purpose of…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
The defendant company is incorporated under the general railroad laws of Pennsylvania, and its authority to take land for its right of way is, therefore, prima facie, limited to a strip sixty feet in width. This limitation prevails except in the neighborhood of deep cuttings, or high embankments, or places selected for sidings, turnouts, depots, engine or water stations. No necessity for extra width, arising under any of the specified exceptions, has been shown in this case. But in crossing plaintiff’s land, the line of the railroad crossed Peters creek twice…
2Cases cited2 opinions
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1880
- Woods v. Greensboro Natural Gas Co.Supreme Court of Pennsylvania · 1903
3Cited by2 opinions
- Schmidt Et Ux. v. Allegheny Co.Supreme Court of Pennsylvania · 1931
- Hoffman v. Susquehanna River & Western RailroadSuperior Court of Pennsylvania · 1910