Beidler's Appeal

Citations

• 1 Monag. 336
• 17 A. 244
• 1889 Pa. LEXIS 1338

Syllabus

<p>A railroad company has no authority, under the right of eminent domain, to take and occupy the unopened portion of a street, without first making or securing compensation to the owners of the land on which the street is located, as required by article xvi, \\ 8, of the constitution.</p> <p>The facts that the street has been located on the city plan with the view of being fully opened in the future, and that councils have given their assent by ordinance, and that the railroad company had given bond to indemnify the city against ali damages to property holders abutting on said street, will not dispense with this constitutional requirement.</p> <p>A railroad company will be restrained by injunction from taking and occupying the premises in such case.</p> <p>Not decided whether the railroad company had authority to construct a siding in this case.</p>