Mountz v. Philadelphia, Harrisburg & Pittsburg Railroad

Citations

• 203 Pa. 128
• 52 A. 15
• 1902 Pa. LEXIS 664

Syllabus

<p>Railroads — Eminent domain — Remedy—Trespass—Viewers.</p> <p>Where a railroad has entered upon land without the consent of the owner and without making just compensation to him or securing the payment of such compensation, the remedy of the landowner is by an action of trespass, and not by petition for the appointment of viewers. If the owner is dead such action must be brought by his heirs at law, and not by his executor or administrator.</p>