Carter v. Ridge Turnpike Co.

Citations

• 208 Pa. 565
• 57 A. 988
• 1904 Pa. LEXIS 801

Syllabus

<p>Evidence — Presumption of payment — Turnpike companies — Eminent domain — Damages .for land taken.</p> <p>In an equitable ejectment brought against a turnpike company to compel the payment of damages for land taken by it under its right of eminent domain, if the action is not instituted until more than twenty years have elapsed from the time the land was taken, the burden is upon the plaintiff to affirmatively prove that the damages were not paid. After such lapse of time there is a presumption that they were paid, which the plaintiff must overcome.</p>