Crescent Pipe Line Company's Petition
Citations
- 56 Pa. Super. 201
- 1914 Pa. Super. LEXIS 67
Syllabus
<p>Corporations — Pipe lines — Eminent domain — Condemnation of land for telegraph — Act of June 2,1888, P. L. 61.</p> <p>1. A corporation organized under the Act of June 2, 1883, P. L. 61, for the transportation and storage of oil by means of pipe lines and tanks, has no power to condemn land for the purpose of constructing thereon a telegraph line.</p> <p>2. The right of eminent domain will not be presumed to exist in a corporation, and legislative authority therefor must be shown. There can be no implication of such authority unless it arises from a necessity so absolute that without it the grant itself will be defeated. It must also be a necessity that arises from the very nature of things.</p> <p>3. All acts of incorporation and acts extending the privileges of incorporated bodies are to be taken most strongly against the companies; whatever is not expressly and unequivocally granted in such acts is taken to have been withheld.</p>
Judges: Head, Hendekson, Henderson, Morrison, Orlady, Porter, Rice
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