Lyle v. McKeesport R.
Supreme Court of Pennsylvania
APPEALS BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY, IN EQUITY. Nos. 256,257,258 October Term 1889, Sup. Cfc.; court below, Nos. 356, 357, 358 September Term 1888, C. P. No. 1 in Equity.
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APPEALS BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY, IN EQUITY. Nos. 256,257,258 October Term 1889, Sup. Cfc.; court below, Nos. 356, 357, 358 September Term 1888, C. P. No. 1 in Equity. On July 19, 1888, Andrew Lyle and Catharine, his wife, filed a bill in equity against the McKeesport & Belle Yernon Railroad Company, praying upon the facts therein averred that the defendant company be enjoined “ from entering upon or in anywise interfering with the messuage, tenement, dwelling-house, or homestead and curtilage appurtenant thereto, of your orators, described in this…
1Opinion of the Court
LYLE V. RAILROAD CO.
Opinion,
Mr. Justice McCollum:
In the grant to railroad companies of the right of eminent domain there is a limitation, the nature and extent of which is the subject of this controversy. It virtually prohibits the location of a railroad “ through-any dwelling-house in the occupancy of the owner or owners thereof, without his, her or their consent.” It is alleged that the McKeesport & Belle Yernon Railroad Company, in locating its road through the borough of Reynoldton, in Allegheny county, has exceeded its powers, and disregarded this limitation.
The appellees are the owners…
2Cases cited1 opinion
- Damon v. Balt. & Phil. R.Supreme Court of Pennsylvania · 1888
3Cited by3 opinions
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- Philadelphia Redevelopment Authority v. L & A Creative Art Studio, Inc.Commonwealth Court of Pennsylvania · 1972
- Westside Electric Street Ry. Co. v. West Penn Power Co., Pennsylvania Court of Common Pleas, Washington County1926