Plank-Road Co. v. Thomas
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Allegheny county. This was a proceeding by Michael Thomas v. The Perrysville and Zelionople Turnpike or Plank-Road Co., under the Act of incorporation of 5th April, 1849 {Acts, p. 402), and the 9th section of the Act of 14th May, 1850 {Acts of 1851, p. 854), to recover damage done by the location of the road through the farm occupied by Thomas.
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Error to tbe Common Pleas of Allegheny county. This was a proceeding by Michael Thomas v. The Perrysville and Zelionople Turnpike or Plank-Road Co., under the Act of incorporation of 5th April, 1849 {Acts, p. 402), and the 9th section of the Act of 14th May, 1850 {Acts of 1851, p. 854), to recover damage done by the location of the road through the farm occupied by Thomas. The company was incorporated under the Act of 5th April, 1849, subject to the provisions and restrictions of the Act of 26th January, 1849, regulating turnpike and plank-road companies: Acts, p. 10, &c. To this latter Act a…
1Opinion of the Court
'The opinion of the Court was delivered, by
Black, C. J.
So far as we know or believe, every grant of land within this Commonwealth, from the first settlement down to the present day, has contained an express reservation to the state, ef six acres out of every hundred, for roads. The legislature may authorize the land .so reserved to he used for its proper pur*94poses, -without paying the value of it to. the grantee, his heirs or assigns. The six per cent, belongs to the state, and she may constitutionally appropriate it to the use it was meant for. I speak now of land in its natural state. Where…
2Cited by10 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- State Highway Route No. 72Supreme Court of Pennsylvania · 1919
- Creasy v. StevensDistrict Court, W.D. Pennsylvania · 1958
- Herrington's PetitionSupreme Court of Pennsylvania · 1920
- State Highway Route No. 72Superior Court of Pennsylvania · 1919
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