Lyle v. McKeesport R.

Citations

• 131 Pa. 437
• 25 W.N.C. 228
• 18 A. 1111
• 1890 Pa. LEXIS 1130

Syllabus

<p>[To be reported.]</p> <p>1. The clause of § 10, act of February 19, 1819, P. L. 83, prohibiting the construction of a railroad through “any dwelling-house in the occupancy of the owner or owners thereof,” will not be construed to prevent the appropriation of a strip from the rear end of a town lot, when access to the lot for the carrying of supplies can still be had from the front.</p> <p>2. In determining what is essential to the reasonable enjoyment of a dwelling-house, the question is a practical one; and regard must be had to that which is necessary, rather than to that which is desirable and convenient and depends alone on the will of the owner: Swift’s App., Ill Pa. 518, and Damon’s App., 119 Pa. 287, explained.</p>