Ferguson's Petition

Citations

• 238 Pa. 78
• 86 A. 73
• 1913 Pa. LEXIS 928

Syllabus

<p>Railroads — Eminent domain — Causeway—Act of February 19, 18Jt9, P. L. 79.</p> <p>1. A petition for the appointment of viewers to assess damages sustained by reason of the neglect and refusal of a railroad company to make a good and sufficient causeway, is premature, and will not be granted where it appears that the railroad company has not, without vexatious or malicious delay, finally completed its work of construction upon the petitioner’s land.</p> <p>2. Under the Act of February 19, 1849, P. L. 79, a railroad company is required to build a sufficient causeway to enable the occupant of land “to pass over the same with wagons, carts and implements of husbandry.” It is not required to construct a causeway adequate for the passage over it of locomotives, coal cars, tram cars, and other machinery, utensils, tools and equipments necessary to enable the owner to properly and profitably mine and transport coal which is upon the land. If an owner has been injured by reason of thle construction of a railroad interfering with the mining and transportation of his coal, his damages must be ascertained through the jury of view appointed to determine the general damages which have resulted from the construction of the railroad.</p>