Connellsville & State Line Railway Co. v. Markleton Hotel Co.

Citations

• 247 Pa. 565
• 93 A. 635
• 1915 Pa. LEXIS 886

Syllabus

<p>Eminent domain — Railroads —Power lo condemn waters of stream — Acts of February 19, 181¡-9, P. L. 79, and April 9, 1866, P. L. 288 — Charters—Construction.</p> <p>1. A railroad chartered under the general railroad laws of the State, in the exercise of its right of eminent domain, does not have authority to condemn for its corporate purposes the waters of a stream over which it has located and constructed its roadbed on a right of way acquired by condemnation proceedings. Such right is not conferred either by the Act of February 19, 1849, P. L. 79, or the Act of April 9, 1856, P. L. 288.</p> <p>2'. A railroad company incorporated under the general railroad laws of the State does not have power to appropriate anything whatever for use in the operation of its road.</p> <p>3. If a particular power is omitted from the charter of a cor-' poration it is to be taken as a prohibition against its exercise unless there is an imperative implieaton of its inclusion.</p>