Chambersburg Shoe Mfg. Co. v. Cumberland Valley Railroad

Citations

• 240 Pa. 523

Syllabus

<p>Streets — Public highways — Real estate — Streets upon plotted plan — Rights of abutting lot owners — Dedication of streets — Public use — Railroads—Eminent domain — Easements—Laches—Costs.</p> <p>1. When the owner of land has sub-divided it into a plan of lots, showing streets and alleys, there is an implied covenant to dedicate such streets and alleys to the use of purchasers of lots, and incidentally to the use of the public. The public authorities are not required to adopt the streets as public highways but if they do so adopt them, they may subsequently vacate the same, and .when this is done the lot owners and other interested parties stand only upon, their contractual rights.</p> <p>2. The easement owned over such streets and alleys by the owners of lots is a property interest,' which may be the subject of a taking under the power of eminent domain. A railroad company, therefore, possessing the right of eminent domain, may after proper formalities, occupy such streets and alleys, although in so. doing it must give or secure compensation to lot owners for the easement of which they are thus deprived.</p> <p>3. An individual lot owner is entitled to damages in such case, whether or not his lot abuts upon the street appropriated, but the fact that it does not so abut is an important fact to be considered in the assessment of damages. •</p> <p>4. Where a railroad company is proceeding regularly for the purpose of appropriating a street under such circumstances, it cannot be restrained by bill in equity, at the suit of a lot owner, especially where it appears that the lot' owner had stood by and allowed the railroad company to proceed with its work, and make large expendítures, before taking any action. Even if tbe railroad company did not file a bond before beginning the work, as it should have done, it will not be restrained by bill in equity, but the lot owner will be relegated to his action at law.</p>