Leidigh v. Philadelphia, Harrisburg & Pittsburg Railroad

Citations

• 215 Pa. 342
• 64 A. 539
• 1906 Pa. LEXIS 796

Syllabus

<p>Railroads — Eminent domain — Widening road — Width of right of way.</p> <p>On a bill in equity to restrain a railroad company from appropriating land for tbe widening of its road without having secured to tbe plaintiff compensation therefor, a decree continuing a preliminary injunction is properly entered where the court finds as a fact that the original entry on the land thirty years before was without permission or authority, and as there were no monuments on the land to indicate an appropriation of the full width of sixty feet, authorized by the defendant’s charter, no right had been acquired by occupation except as to the land actually used.</p>