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· 12/31/1904

O'Leary v. Wabash, Pittsburg Terminal Railway Co.

Citations

  • 210 Pa. 522
  • 60 A. 164
  • 1904 Pa. LEXIS 917

Syllabus

<p>Railroads—Eminent domain—Condemnation of dwelling house—Widening —Terminals—Act of March 17, 1869, P. L. 12.</p> <p>Where a railroad company had acquired for terminal facilities, by purchase, all of the properties in a city block, except two, one of which was a dwelling house in the occupancy of its owner, and after the decision of Dryden v. Ry. Co., 208 Pa. 316, and before a single train had been run on the road, the directors adopted a resolution to condemn the dwelling house for the purpose of widening the terminal site, a court of equity will enjoin any proceedings under the resolution.</p>

Judges: Brown, Dean, Fell, Mestrezat, Mitchell, Potter, Thompson

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