Carter v. Ridge Turnpike Co.
Supreme Court of Pennsylvania
Appeal, No. 81, Jan. T., 1903, by plaintiff, from judgment of Superior Court, Jan. T., 1902, No. 52, reversing judgment of C. P. Lackawanna Co'., Nov. T., 1899, No. 763, in case of Pulaski P. Carter, Marvin P. Carter and Amelia M. Kennedy v. Ridge Turnpike Company. Appeal from Superior Court. See Carter v. Ridge Turnpike Co., 22 Pa.
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Appeal, No. 81, Jan. T., 1903, by plaintiff, from judgment of Superior Court, Jan. T., 1902, No. 52, reversing judgment of C. P. Lackawanna Co'., Nov. T., 1899, No. 763, in case of Pulaski P. Carter, Marvin P. Carter and Amelia M. Kennedy v. Ridge Turnpike Company. Appeal from Superior Court. See Carter v. Ridge Turnpike Co., 22 Pa. Superior Ct. 162. From the record it appeared that an ejectment was brought in the common pleas to recover a strip of land in the first ward of the city of Scranton, which had been taken in 1872 or 1873 by the defendant, and used as a part of its road. In the…
1Opinion of the Court
Opinion by
Mr. Justice Bbown,
In 1872 or 1873, about twenty-seven years before this ejectment was brought, the Ridge Turnpike Company took possession of the land in controversy, and has ever since been in continuous possession of it, using it as a part of its road. There is nothing, as found by the court below, “ to show by what proceeding or under what circumstances it entered into possession.” While this is true, the statute provided the two ways by which it could take possession of land “ necessary ” to it “in the prosecution of ” its “ works.” For no other purpose than that of necessity,…
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