Deemer v. Bells Run Railroad

Citations

• 212 Pa. 491
• 61 A. 1014
• 1905 Pa. LEXIS 647

Syllabus

<p>Railroads—Private or public use—Eminent domain—Act of June 19, 1871, P. L. 1360.</p> <p>On a bill in equity filed under the Act of June 19, 1871, P. L. 1360, to restrain a railroad company regularly incorporated under the Act of April 4, 1868, P. L. 62, from exercising the right of eminent domain, on the ground that its charter had been obtained solely for a private use, the burden is upon the plaintiff to show clearly that the railroad is being constructed for a private and not a public use. The mere fact that the railroad is being constructed through an undeveloped country whore there are no communities or settlements and no mineral developments is no reason for denying to the company the right to exercise its corporate franchises.</p>