Hagner v. Pa. Schuylkill Valley R. R.

Citations

• 154 Pa. 475
• 25 A. 1082
• 1893 Pa. LEXIS 920

Syllabus

<p>Railroads — Location—Eminent domain.</p> <p>The act of location of a railroad is also the act of appropriation. The space covered by the line as located is thereby seized and appropriated to the purposes of the construction and operation of the railroad by virtue of the power of eminent domain, and nothing remains to be done except to compensate the owner: Williamsport R. R. v. Phila. & Erie R. R., 141 Pa. 407.</p> <p>The act of location of a railroad is the adoption of a line by resolution of the company and not a mere experimental line of an engineer.</p> <p>Change of location — Damages.</p> <p>A railroad company may, before the construction of its road and before damages are assessed, change the location.</p> <p>Railroads — Eminent domain — Dwelling house — Act of Eel). 19, 1849.</p> <p>Where the line of a railroad has been surveyed and located so as to cut through a dwelling house in the occupancy of a tenant, the owner of the house cannot, after the survey and location has been approved by the board of directors of the railroad company, prevent the company from taking the house by removing the tenant and occupying the house himself, merely for the purpose of preventing its condemnation under the Act of Feb. 19, 1849, § 10, P. L. 83.</p>