Jones v. Erie & Wyoming Valley Railroad

Citations

• 169 Pa. 333
• 32 A. 535
• 1895 Pa. LEXIS 1098

Syllabus

<p>[Marked to be reported.]</p> <p>Railroads — Right of way — Presumption.</p> <p>The presumption arising under the general railroad laws that a railroad company takes, when it enters by virtue of the right of eminent domain, the full breadth of sixty feet for its right of way, is only applicable where the entry is adverse and upon property subject to seizure or appropriation under general laws. It does not apply to the entry upon a public street, whether such entry be made under the authority of the act of assenibly incorporating the company, or by virtue of municipal consent.</p> <p>Railroads — Grant of right to use highway.</p> <p>The grant to a railroad company of the right to enter, cross, or pass along a highway is, in the absence of a clearly expressed intention to the contrary, a grant subject to the existing public right of use, and is to be exercised in such manner as shall interfere as little as possible with those for whose benefit the way was originally laid out and opened.</p> <p>Railroads — Grossing streets by overhead structure.</p> <p>Where a railroad company has permission to cross the intersection of two streets by an overhead structure, the use of so much space only as is necessary for the purpose of making the passage is authorized; and the grant is exhausted by the building of the overhead crossing, and nothing more can be done without a new grant. In such a case, the company has no right of way in the streets outside of the terms of the grant by virtue of which it enters.</p> <p>Railroads — Width of right of way — Discretion.</p> <p>A railroad company is not obliged to take the maximum width for a right of way which it is permitted to take under the general railroad laws, but can define the limits of its right of way so as to exclude therefrom whatever is not necessary to the operation and construction of its line.</p> <p>Railroads — Right to define boundaries — Time—Release.</p> <p>While the proper time to make this definition is when the app