Fischer v. Catawissa Railroad

Citations

• 175 Pa. 554
• 34 A. 860
• 1896 Pa. LEXIS 1286

Syllabus

<p>Eailroads — Eminent domain — Effect of filing bond.</p> <p>When a sufficient bond with sureties approved by the court has been given by a railroad company to alandowner for land taken and appropriated to railroad purposes, the owner’s title to the land is divested, and his only remedy is upon the bond in connection with the statutory remedy for assessment and collection of damages.</p> <p>After a landowner had begun an action of ejectment against a railroad company for land taken for sidings and additional tracks, the railroad company petitioned for the appointment of viewers and filed a bond which was approved by the court. On an appeal from the report of viewers, the railroad company offered to show that they had entered upon the land with the consent of prior owners, predecessors of the plaintiff in title. The trial judge excluded the offer on the ground that the railroad company was estopped by averments in the petition for approval of the bond and appointment of viewers, and its subsequent conduct, but he permitted the company to withdraw the petition and bond, and to discontinue all proceedings upon payment of costs and filing an affidavit that the bondi and petition were filed under a misapprehension of the facts, and in ignorance of the company’s rights in the premises. The order was made without any further hearing to establish the proof of the allegations contained in the affidavit. Held, (1) that the order was erroneously made; (2) that plaintiff’s right of possession had been divested upon the filing of the-bond, and it was then too late to discontinue the proceedings.</p>