Eshleman v. Commonwealth

Opinion by

Mr. Justice Drew,

This is an appeal by the Commonwealth of Pennsylvania from a judgment entered against it by the Court of Common Pleas of Lancaster County at the suit of S. Kendrick Eshleman, appellee, for land damages resulting from the construction by the Department of Highways of additional shoulders on Route 215, immediately to the south of the appellee’s premises.

In 1792, the Legislature directed the establishment of a fifty-foot right-of-way for a turnpike from Philadelphia to Lancaster (Act of April 9, 1792, Volume XIV, Statutes at Large, 1791-1793, p. 279). This roadway,…