In re Johnstown, Indiana & Westmoreland Turnpike Co.

Citations

• 5 Pa. Super. 65
• 1897 Pa. Super. LEXIS 191

Syllabus

<p>Appeals — Practice, O. P. — Interlocutory order in road cases.</p> <p>An appeal from two orders of the court below; the first, approving the bond of a turnpike company given for injuries that may be sustained by the appellant in consequence of the taking of his land by the turnpike company, the second, appointing viewers to assess such damages, is prematurely taken and will be quashed. The statute does not contemplate a separate appeal from each interlocutory order.</p> <p>Eminent domain — Turnpike companies — Act of 1874.</p> <p>Turnpike companies, incorporated under the act of 1874, have the right or power to enter upon private land for the purpose of constructing their-roadway upon giving security as provided by the 41st section of the said Act of April 29, 1874, P. L. 73.</p> <p>Words and phrases — Turnpike road defined.</p> <p>A turnpike road is a public highway; every traveler has the right to use it upon paying toll; it cannot be closed against public use; its obstruction is a public nuisance for which indictment will lie.</p>