Pennsylvania R. v. Duncan's Admr.

Citations

• 129 Pa. 181
• 1889 Pa. LEXIS 941

Syllabus

<p>1. Exemption of railroad corporations from the operation of future general enactments, either constitutional or legislative, cannot exist unless given expressly or by an implication equally clear with express language; wherefore, the mere fact that the charter of a company imposes upon it no liability for consequential injuries, arising from the construction or enlargement of its works, does not give rise to a contract that it shall always be exempt from such liability.</p> <p>2. The Pennsylvania Railroad Company, incorporated by the act of April 13, 1846, P. L. 312, is subject to the provisions of § 8, articleXVI. of the constitution of Pennsylvania of 1874, and is liable thereunder to make compensation for property injured or destroyed by the construction or enlargement of its works or improvements in the subsequent exercise of the right of eminent domain, although there be.no physical taking of such property or any portion thereof.</p> <p>3. This liability exists as to the elevated roadway constructed in 1881 by the said railroad company upon Filbert street, Philadelphia, as a branch of the Philadelphia & Columbia railroad, purchased by said company on the sale under the provisions of the act of May 16, 1867, P. L. 619, notwithstanding that by the terms of the purchase this road was to be held by the company under its original charter, which, as then inter- ' preted by the courts of the state, imposed no such liability.</p>