Connellsville & State Line Railway Co. v. Markleton Hotel Co.
Supreme Court of Pennsylvania
Appeal, No. 216, Oct. T., 1914, by petitioner, from order of C. P. Somerset Co., Sept. T., 1914, No. 324, refusing to approve bond filed in condemnation proceedings in case of Connellsville and State Line Railway Company v. Markleton Hotel Company. Petition for approval of bond filed by a railroad company in condemnation proceedings. Before Ruppel, P. J. Tbe opinion of tbe Supreme Court states tbe facts. Tbe court refused to approve the bond. Petitioner appealed.
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Appeal, No. 216, Oct. T., 1914, by petitioner, from order of C. P. Somerset Co., Sept. T., 1914, No. 324, refusing to approve bond filed in condemnation proceedings in case of Connellsville and State Line Railway Company v. Markleton Hotel Company. Petition for approval of bond filed by a railroad company in condemnation proceedings. Before Ruppel, P. J. Tbe opinion of tbe Supreme Court states tbe facts. Tbe court refused to approve the bond. Petitioner appealed. Error assigned was in refusing to approve tbe bond.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Tbe Markleton Hotel Company, tbe defendant, is tbe owner of a tract of land containing 158 acres in Somerset County, Pennsylvania, fifty-four acres of which lie *567adjacent to and on the east side of the Casselman river. The hotel buildings are on the part of the tract lying on the west side of the river. A small stream, known as Iser’s run, flows through the fifty-four acre tract and empties into the Casselman river. Some of the water of this stream is conveyed across the river to the hotel by a pipe which enters the stream some distance from its confluence with…
2Cases cited4 opinions
- Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
- Dimmick v. BrodheadSupreme Court of Pennsylvania · 1874
- Mercer County v. Pittsburgh & Erie RailroadSupreme Court of Pennsylvania · 1856
- Markleton Hotel Co. v. Connellsville & State Line Railway Co.Supreme Court of Pennsylvania · 1914