Neal v. Pittsburgh & Connellsville Railroad
Supreme Court of Pennsylvania
Certiorari to the Common Pleas of Allegheny county. The defendants in error presented their petition in the Common Pleas, June 28, 1854, representing that they had located their road through land of the plaintiff, and were unable to agree with him in relation to compensation, and thereupon viewers were appointed, and the damages were assessed at $1500, and confirmed in December by the court.
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Certiorari to the Common Pleas of Allegheny county. The defendants in error presented their petition in the Common Pleas, June 28, 1854, representing that they had located their road through land of the plaintiff, and were unable to agree with him in relation to compensation, and thereupon viewers were appointed, and the damages were assessed at $1500, and confirmed in December by the court. A fi. fa. was issued to collect the amount, returnable to March Term, 1855; and the defendants moved to set the same aside, because they had not signified their intention to take possession of the ground,…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, J.
Though railroad companies may make experimental surveys at pleasure before finally locating their road, yet certainly it has never been granted to them to have experimental suits at law as a means of chaffering with the landowners for the cheapest route. The law allows this proceeding after the road is located, and after a proper effort to agree upon compensation has failed; and the damages found and confirmed under it, settles the right of the landowner to such damages as completely as any other form of judgment, and he has the same right…
2Cited by3 opinions
- Johnston v. CallerySupreme Court of Pennsylvania · 1896
- Pittsburgh, Virginia & Charleston Railway Co. v. CommonwealthSupreme Court of Pennsylvania · 1882
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897