Harrisburg, Carlisle & Chambersburg Turnpike Road Co. v. Harrisburg & Mechanicsburg Electric Railway Co.

Citations

• 177 Pa. 585
• 35 A. 850
• 1896 Pa. LEXIS 1017

Syllabus

<p>Street railways — Constitutional law — Act of May 14, 1889 — Eminent domain — Damages—Injunction.</p> <p>The act of May 14, 1889, P. L. 211, entitled “ An act to provide for the incorporation and government of street railway companies in this commonwealth,” is in its general purpose and character within the constitutional powers of the legislature, but section 17, in so far as it undertakes to confer upon a street railway company the absolute right to lay its tracks upon a turnpike without payment or security for the payment of just compensation to the turnpike company, violates section 8 of article XV. of the constitution of Pennsylvania, which directs that corporations “ shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.”</p> <p>A turnpike company obtained an injunction to restrain a street railway company from laying tracks across its turnpike. The street railway company procured the appointment of viewers under the provisions cf sec. 17 of the act of May 14,1889. The viewers made an award, their report was confirmed, and the damages as found by them were paid into court. No security was entered for the payment of any other damages. The court then dissolved the injunction. The turnpike company appealed from the decree dissolving the injunction. Held., (1) that the decree of the lower court was erroneous, as no security had been entered for the payment of a just compensation as it might be finally ascertained upon the disposition of the appeal; (2) that the act of May 14. 1889, sec. 17, in So far as it failed to provide for proper security, was unconstitutional; (3) that the Supreme Court would not direct the injunction to be restored if the railway company should, within ten days after notice, give security to be approved by the court below for the payment of such sum as might be