Haldeman v. Pennsylvania Central Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of DáupTiin county'. This was an action of ejectment ■ by Richard J. Haldeman against The Pennsylvania Railroad Company, to recover a piece 'of land containing two thousand eight hundred and ninety-three and five-tenths square feet, equal to ten and one half square perches, situated in the city of Harrisburg, and formerly being a part of the bed of the old Pennsylvania canal, but which, by reason of the removal ■ or change of the canal at that…
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Error to the Common Pleas of DáupTiin county'. This was an action of ejectment ■ by Richard J. Haldeman against The Pennsylvania Railroad Company, to recover a piece 'of land containing two thousand eight hundred and ninety-three and five-tenths square feet, equal to ten and one half square perches, situated in the city of Harrisburg, and formerly being a part of the bed of the old Pennsylvania canal, but which, by reason of the removal ■ or change of the canal at that particular point, under the Act of Assembly of 1857, was thrown out of the channel of the canal, filled up by the defendant…
1Opinion of the Court
Thé opinion of the court was delivered, by
Strong, J.
In most cases in which the Commonwealth has appropriated the land of a private owner for a public highway, it has not attempted to take the fee simple. The Road Laws generally contemplate no more than fastening a servitude upon the land and devoting it to public use as a highway. A right of passage is all that is taken, while the fee is left undisturbed in the private owner. Hence when the public right of passage is given up, the servitude of the land is gone and the owner holds it disencumbered of the public right, and as if the…
2Cases cited2 opinions
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Commonwealth v. M'AllisterSupreme Court of Pennsylvania · 1834
3Cited by10 opinions
- Dornan v. Philadelphia Housing AuthoritySupreme Court of Pennsylvania · 1938
- Birdsall v. CaryNew York Supreme Court · 1883
- Foust v. DreutleinSupreme Court of Pennsylvania · 1912
- Magaro v. Metropolitan Edison Co.Superior Court of Pennsylvania · 1937
- Holmes v. Public Service CommissionSuperior Court of Pennsylvania · 1922
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