Foley v. Beech Creek Extension R. R.

Opinion by

Me. Justice Kephaet,

Appellee, under its charter powers, pursuant to the Act of February 19,1849, P. L. 79, 83, located a railroad in Clinton County. It passed over lands of appellants. Denying the company’s authority to take the land, proceedings were instituted under the Act of June 19,1871, P. L. 1360, to restrain the taking. The court below on final hearing denied the applications and dismissed the bills. Appellants admit the company, by resolution duly adopted, located the center line of the proposed road and marked it on the ground. They also concede this action gave the…