In re Lake Erie Limestone Co.

Citations

• 188 Pa. 509
• 41 A. 648
• 1898 Pa. LEXIS 636

Syllabus

<p>Railroads — Lateral railroads — Bond—Appeals.</p> <p>In proceedings under the lateral railroad law an appeal from an order directing a bond to be filed before the viewers have reported is premature, and will be quashed.</p> <p>Railroads — Lateral railroads — -Filing of bond — Eminent domain — Acts of May 5, 1832, April 20, 1858, and February 17, 1871.</p> <p>Under the lateral railroad Act of May 5, 1832, P. L. 501, see. 3, as amended by the Act of April 20, 1858, P. L. 361, seo. 1, the necessity for the exercise of the right of eminent domain is not determined by the petitioner's, but by the viewers with the approval of the court, or by the verdict of a jury upon an appeal, and until this preliminary requisite has been established no entry on the land is authorized. The proper practice therefore is to defer the filing of the bond until after the court has approved the report of the viewers; or in case of an appeal, until after the verdict of a jury, which under the Act of February 17, 1871, P. L. 56, may decide the fundamental question of necessity against the petitioner.</p>