Commonwealth v. Delaware, Lackawanna & Western Railroad

Citations

• 215 Pa. 149
• 64 A. 417
• 1906 Pa. LEXIS 753

Syllabus

<p>Railroads — Taking of public road, — Reconstruction of road — Act of February 19, 1849, sec. 13, P. L. 79.</p> <p>Where a public road is laid out by formal proceedings in the quarter sessions, with a legal width of thirty-three and a half feet, but the part actually opened and traveled is of much less width, a railroad company in changing the site of the road, and reconstructing it, is bound to reconstruct it as of the original width, and if it fails to do so and erects buildings of its own within the legal width of the road such buildings constitute a nuisance, and will be enjoined.</p>