Keeling v. Griffin
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 90, to October and November Term 1867. This was a proceeding on the petition of Joseph Keeling, to be allowed to construct a lateral railroad, commenced March 2d 1867. The petition set out that the applicant was owner of certain coal lands, in the vicinity of a coal railroad, owned by the heirs of Oliver Ormsby, deceased, with whom he had made an agreement for connection therewith and for transporting the coal to East…
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Error to the District Court of Allegheny county: No. 90, to October and November Term 1867. This was a proceeding on the petition of Joseph Keeling, to be allowed to construct a lateral railroad, commenced March 2d 1867. The petition set out that the applicant was owner of certain coal lands, in the vicinity of a coal railroad, owned by the heirs of Oliver Ormsby, deceased, with whom he had made an agreement for connection therewith and for transporting the coal to East Birmingham; that he had surveyed a route through lands of Margaret Griffin and others — describing it — and was desirous to…
1Opinion of the Court
The opinion of the Court was delivered, January 7th 1868, by
Thompson, C. J.
It must be admitted that the Act of the 5th of May 1832, the first Act in this state giving authority to private or unincorporated persons to exercise the right of eminent domain, and take private property for the purpose of constructing lateral railways to connect with public highways, was very narrowly within constitutional sanction ; and had it not been for provisions contained in it, that the public might use such roads when made, on conforming to certain regulations and paying tolls, together with the reserved…
2Cited by3 opinions
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- Keystone State Telephone & Telegraph Co. v. Ridley Park BoroughSuperior Court of Pennsylvania · 1905
- In Re: Application Gladys C. Mining Co.Superior Court of Pennsylvania · 1927