In re Johnstown, Indiana & Westmoreland Turnpike Co.
Superior Court of Pennsylvania
Appeal, No. 152, April T., 1897, by P. McManus, from order of C. P. Westmoreland Co., Feb. T., 1897, No. 832, approving bond and appointing viewers. Petition of defendant, with bond of defendant company, for appointment of viewers for taking of land for the purpose of constructing a turnpike and convenient appurtenances thereto.
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Appeal, No. 152, April T., 1897, by P. McManus, from order of C. P. Westmoreland Co., Feb. T., 1897, No. 832, approving bond and appointing viewers. Petition of defendant, with bond of defendant company, for appointment of viewers for taking of land for the purpose of constructing a turnpike and convenient appurtenances thereto. Before Doty, P. J. On January 30,1897, the court directed a bond to be filed and approved and appointed five viewers and fixed the time of meeting, whereupon P. McManus, owner of the land which was to be appropriated, excepted to the order of the court approving the…
1Opinion of the Court
Opinion by
Rice, P. J.,
A proper determination of the power of a turnpike company *67incorporated under the Act of April 29, 1874, P. L. 73 to appropriate land for its roadway will be aided by a consideration of what a turnpike is in legal sense. Nothing is better settled than that a turnpike road is a public highway, and every traveler has the same right to use it upon paying the toll established by law as he would have to use any other public highway. It cannot be closed by the company against public use, and if for any cause the franchises of the company are forfeited its road does not cease to…
2Cases cited14 opinions
- Twelfth-St. Market Co. v. P. & R. Terminal R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Cochran v. ArnoldSupreme Court of Pennsylvania · 1868
- Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
- Northern Central Railway Co. v. CommonwealthSupreme Court of Pennsylvania · 1879
- M'Clenachan v. CurwinSupreme Court of Pennsylvania · 1802
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Katharine Water Co.Superior Court of Pennsylvania · 1906
- Carter v. Ridge Turnpike Co.Superior Court of Pennsylvania · 1903
- Vacation Charters, Ltd. v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1990
- Commonwealth v. StephensSuperior Court of Pennsylvania · 1899
- Norwood Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1904
5 more not listed; retrieve them via the Exa API.