Hays v. Risher
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a proceeding under the lateral railroad Act of 25th May 1832, and its supplements, by Daniel Risher, to locate a railroad, 20 feet in width, from his lands, mill, coal mines, &c., lying within three miles of the Monongahela river, over the intervening land of James H. Hays, to the Monongahela Slack water’ Navigation.
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Error to the District Court of Allegheny county. This was a proceeding under the lateral railroad Act of 25th May 1832, and its supplements, by Daniel Risher, to locate a railroad, 20 feet in width, from his lands, mill, coal mines, &c., lying within three miles of the Monongahela river, over the intervening land of James H. Hays, to the Monongahela Slack water’ Navigation. On the 27th June 1857, the plaintiff presented his petition, accompanied with a diagram of the proposed road; and viewers were appointed, who reported in .favour of the road, and assessed the defendant’s damages at $500.…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
It is a mistake to suppose that, under the latteral railroad law of 25th May 1832, the viewers, and in case of appeal, the court and jury, are to fix the location of the road. No such duty is assigned them by the statute. On the contrary, the first section authorizes the petitioner to enter upon the intervening lands to survey and mark such route as he shall think proper to adopt, and requires him to set forth in his petition to the court, the beginning, courses and distances of the selected route, and the point of its intersection with…
2Cases cited1 opinion
- Harvey v. ThomasSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Klick v. CommonwealthCommonwealth Court of Pennsylvania · 1975
- Arnold v. Buffalo, Rochester & Pittsburg Railway Co.Superior Court of Pennsylvania · 1907
- H. C. Frick Coke Co. v. PainterSupreme Court of Pennsylvania · 1901
- In Re: Application Gladys C. Mining Co.Superior Court of Pennsylvania · 1927