Arnold v. Buffalo, Rochester & Pittsburg Railway Co.

Citations

• 32 Pa. Super. 452
• 1907 Pa. Super. LEXIS 32

Syllabus

<p>Railroads — Eminent domain- — Settlement with landowner — Dowei— Deed.</p> <p>The inchoate dower of a wife is defeated by the survey, location, and adoption of the right of way of a railroad over the land of her husband, an agreement by the owner, her husband, and the railroad company upon the amount of damages to be paid for the taking of the right of way, the payment of such damages by the company to the owner, a grant by the owner of the right to construct and operate the road upon the location adopted and a release of damages therefor, and the construction and operation of a public railroad upon the location agreed upon.</p> <p>Dower inchoate is not an estate in the land, but a mere contingent claim, and is defeated by proceedings to appropriate the land to public use during the life of the husband.</p>