Hoffman v. Susquehanna River & Western Railroad

Citations

• 43 Pa. Super. 19
• 1910 Pa. Super. LEXIS 4

Syllabus

<p>Railroads — Eminent domain — Widening Act of March 17, 1869, P. L. 12 — Straightening a stream.</p> <p>1. A railroad company which has exhausted its power of appropriating land for its right of way under the Act of February 19, 1849, P. L. 79, has no authority under the widening Act of March 17, 1869, P. L. 12, to condemn land near its right of way for the purpose of straightening a stream and doing away with two bridges along its right of way.</p> <p>2. The widening contemplated by the act of 1869, has reference to the right of way as the physical foundation of the road and the tracks, sidings, water tanks, stations and other facilities essential to and connected immediately with the maintenance of the road. A widening for any other purpose is not authorized. The statute relating to the improvement of aqueducts does not apply to railroads.</p>