North Penna. R. R. v. Inland Traction Co.

Citations

• 205 Pa. 579
• 55 A. 774
• 1903 Pa. LEXIS 618

Syllabus

<p>Street railway companies — Township roads — Consent of abutting owners —Owners on opposite side of road.</p> <p>In the case of the occupation of a township road by the tracks of a street railway, an injunction, if applied for in time, will issue at the instance of an abutting owner, to protect his own land to the center line of the road from the additional burden of the tracks upon it. It is none of his concern, that his neighbors on the opposite side of the road consent to the use of their lands by the railway company, so long as, from such use, no injury results to him. The protection by injunction to which the landowner is entitled is confined to his own property.</p> <p>Street railways — Turnpike roads — Consent of abutting owners.</p> <p>Where a street railway company secures the consent of the township authorities to the use of a turnpike road, and also has the consent of the turnpike company and of the owners of property abutting on one side of the road, it may lay its tracks on such side of the road. An owner on the other side of the road who has not consented, but whose property has not been touched and who is in no way injured by the tracks has no standing to maintain a bill for an injunction to restrain the construction of the railway.</p> <p>Railroads — Ownership of land at road crossings — Abutting owners— Turnpike companies.</p> <p>Railroad companies, owners of the land on each side of a turnpike, where their' tracks cross it, are not at that point abutting landowners, having a right to complain of a passenger railway company’s imposition of an additional servitude upon their land; and where the tracks of a railroad company are crossed by an overhead bridge which is part of a public road, the railroad company has no standing to enjoin the construction of the passenger railway company, where it offers to so reconstruct and strengthen the bridge, that it shall be safe for the transportation and carriage of its cars, and this is so notwithstanding the