Peach Bottom Railway Co. v. McAlister

Citations

• 7 Pa. Super. 574
• 1898 Pa. Super. LEXIS 343

Syllabus

<p>Land damage — Notice of proceedings — Actual knowledge — Estoppel.</p> <p>The purpose of giving the landowner notice of the time and place of meeting of the viewers, is to enable him properly to present the case before that tribunal, and if he has actual knowledge of the facts for which the notice is intended to inform him, he is bound by the report of viewers after the lapse of many years of silence.</p> <p>The appointment of viewers and proceedings thereunder will not be set aside after many years’ occupancy of the land by a railroad, upon allegation of the landowner who denies that a person duly served with notice as his agent was such in fact, but fails to aver that he did-not acquire actual knowledge of the proceedings and the occupancy by the railroad thereunder which was open, notorious and conspicuous in its nature.</p>