Pennsylvania Mining Co. v. Naomi Coal Co.

Citations

• 26 Pa. Super. 39
• 1904 Pa. Super. LEXIS 258

Syllabus

<p>Railroads — Lateral railroads — Question for jury — Estoppel.</p> <p>The necessity for a lateral railroad on the route selected by the petitioners is a question for the jury under proper instructions by the court. The fact that the petitioners after an appeal had been taken from a report of viewers constructed a temporary road by a roundabout way, operated by various devices, to enable them to reach the terminus of their projected line, will not estop the petitioners from asserting its necessity.</p>