Olyphant Borough v. Delaware & Hudson Co.

Citations

• 225 Pa. 147
• 73 A. 1101
• 1909 Pa. LEXIS 623

Syllabus

<p>Railroads — Crossing streets — Boroughs—Right of way — Laying additional tracks.</p> <p>1. Where a railroad company incorporated in another state was given the power by the Act of March 24,1870, P. L. 554, to condemn or purchase lands not exceeding sixty feet in width, and to construct and establish a railroad with one or more tracks, and the company acquires land of the width of sixty feet and lays a single track thereon and across township roads in an unincorporated town or village, the subsequent incorporation of the town and the change of the roads into borough streets, do not give the borough a standing to enjoin the railroad company from laying additional tracks within its right of way and across the streets. In such a case the power of the company to construct a railroad was not exhausted when it laid the first track.</p> <p>Constitutional law — Title of act — Railroads.</p> <p>2. The title of an act of assembly which shows that the purpose of the act was to authorize a company to build a railroad, gives sufficient notice of a provision in the body of the act giving the company the right of eminent domain.</p>