Painter's Lateral Railroad

Citations

• 198 Pa. 461
• 48 A. 299
• 1901 Pa. LEXIS 821

Syllabus

<p>Lateral railroads—Appeals — Bond—Acts of May 5, 1832, P. L. 501, March 28,1840, P. L. 196, April 20,1858, P. L. 361, and February 17,1871, P. L. 56.</p> <p>The acts of assembly relating to the condemnation of land for lateral railroads must be strictly complied with. A fundamental prerequisite in a proceeding for a lateral railroad is a necessity for the road, and this necessity must be finally determined before the petitioner is authorized to enter upon the premises of the landowner.</p> <p>Under the Act of February 17, 1871, P. L. 56, the questions both of the necessity of a lateral railroad, and of the damages for the taking of land are subject to review on appeal, and the petitioner for the road has no authority, after the question of necessity has been decided in his favor by the viewers and the court below, to enter a bond, and to proceed with the construction of the road until the appeal has been determined. In this respect the Act of February 17, 1871, P. L. 56, repealed the Act of April 20, 1858,P. L. S61.</p>