Philadelphia, Newtown & New York Railroad v. Cooper
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia County: Of January Term, 1884, No. 61. Ejectment, by James E. Cooper against the Philadelphia, Newtown and New York Railroad Company, and the Philadelphia and Reading Railroad Company, to recover possession of a certain lot of ground in Philadelphia county.
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Error to the Court of Common Pleas, No. 2, of Philadelphia County: Of January Term, 1884, No. 61. Ejectment, by James E. Cooper against the Philadelphia, Newtown and New York Railroad Company, and the Philadelphia and Reading Railroad Company, to recover possession of a certain lot of ground in Philadelphia county. The following facts appeared upon the trial: The Philadel-' phia, Newtown and New York Railroad Company, a corporation chartered under the provisions of the General Railroad Act of 1849, and its supplements, in 1872 took possession of the ground in question, then belonging to James…
1Opinion of the CourtChief Justice Meecur
The corporation had no right to take possession of the land in question against the will of the owner, without paying or securing the payment of a just compensation therefor, before such taking: Art. XVI, sec. 8 of the Constitution. This pro*241tection to private property thus secured by the organic law, is not to be destroyed or frittered away by any artful device.
The jury has found that the company did not take possession of this land under any agreement with the owner, and that it has not paid according to the agreement which it afterwards made. It wholly omitted to secure the payment…
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