Groff v. Bird-in-Hand Turnpike Co.
Pennsylvania Court of Common Pleas, Lancaster County
No. 92 July Term 1889, Sup. Ct.; court below, Equity Docket No. 2, page 271; C. P. in Equity. On October 5, 1885, W. W. Groff, Peter Dorsheimer and Andrew Johe filed in the court below their bill in equity against the Bird-in-PIand Turnpike Company, praying for an injunction to restrain the defendant company from constructing a turnpike road upon and over a certain public road in the township of East Lampeter, Lancaster county, commonly known as the Old Philadelphia Road.
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No. 92 July Term 1889, Sup. Ct.; court below, Equity Docket No. 2, page 271; C. P. in Equity. On October 5, 1885, W. W. Groff, Peter Dorsheimer and Andrew Johe filed in the court below their bill in equity against the Bird-in-PIand Turnpike Company, praying for an injunction to restrain the defendant company from constructing a turnpike road upon and over a certain public road in the township of East Lampeter, Lancaster county, commonly known as the Old Philadelphia Road. The defendant made answer, asserting a right under its charter to appropriate the old Philadelphia road for the purpose of…
1Opinion of the Court
Opinion,
Me. Justice Mitchell :
The question presented in this case, whether a turnpike company, by virtue of a charter under the general corporation act of 1874, specifying the termini of its road, can appropriate an existing highway, is one of very considerable importance.
Eminent domain is defined to be the sovereign power vested in the state, to take private property for the public use. The contention of the appellee is, that under the law of Pennsylvania, any five persons, only three of whom need be citizens, may constitute themselves a corporation, take possession of any public highway of…
2Cases cited10 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Housatonic Railroad v. Lee & Hudson RailroadMassachusetts Supreme Judicial Court · 1875
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
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3Cited by20 opinions
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- Scranton Gas & Water Co. v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1909
- Western Union Telegraph Co. v. Pennsylvania R.Court of Appeals for the Third Circuit · 1903
- Riley v. Pennsylvania Co.Superior Court of Pennsylvania · 1907
- South Dakota Cent. Ry. Co. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1905
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