Swift & Given's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas, No. 4, of Philadelphia county, sitting in equity: Of January-Term, 1885, No. 130. The bill of complainants, Caroline Swift and Hannah Given, sets forth that complainants are seized in fee of a certain lot of ground or messuage, with the three-story brick dwelling house erected thereon, situate on the south side of Ontario street, at the distance of 160 feet westward from the west side of Twenty-second street, in the city…
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Appeal from the decree of the Court of Common Pleas, No. 4, of Philadelphia county, sitting in equity: Of January-Term, 1885, No. 130. The bill of complainants, Caroline Swift and Hannah Given, sets forth that complainants are seized in fee of a certain lot of ground or messuage, with the three-story brick dwelling house erected thereon, situate on the south side of Ontario street, at the distance of 160 feet westward from the west side of Twenty-second street, in the city of Philadelphia, containing in breadth 100 feet, and in depth 225 feet, to Bellevue street, and having a front on that…
1Opinion of the CourtChief Justice Mercur
In the location and construction of a railroad the Act of 19th February, 1849, prohibits the corporation from passing through, inter alia, “ any dwelling house in the occupancy of Hie owner or owners thereof, without his, her, or their consent.” This language must be so construed as to give a reasonable effect to the purpose and intent of the statute.
It certainly does not mean that the prohibition extends only to preventing the railroad from actually passing “ through ” the dwelling house. When the latter is occupied by the owner thereof, the statute gives it all the protection necessary for…
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