Hummel v. Cumberland Valley Railroad

Citations

• 175 Pa. 537
• 34 A. 848
• 1896 Pa. LEXIS 1284

Syllabus

<p>Railroads — Damages—Filling between piers under bridge.</p> <p>A railroad company which has paid damages for land taken for the purposes of a bridge, cannot be subsequently .compelled to pay damages for filling up the land under the bridge, and between the piers, and within the width of the lawful right of way of the railroad. In such a case the lack of an exact description of the boundaries of the land taken is of no consequence so long as it does not exceed the width allowed by law.</p> <p>Railroads — Right of way — Nonuser—Abandonment.</p> <p>No abandonment of land taken for a railroad- right of way can be presumed from a nonuser of the land at the time of taking.</p>