Pennsylvania Railroad v. Edgewood Borough

Citations

• 220 Pa. 45
• 69 A. 60
• 1908 Pa. LEXIS 726

Syllabus

<p>Boroughs — Eminent domain — Streets—Railroads.</p> <p>When a borough by virtue of the power of eminent domain appropriates a strip of land belonging to a railroad company for use as a public street it acquires every right and assumes every burden, enjoyed or borne by the municipality in the appropriation of land for street purposes from a private owner; and it is immaterial in such a case whether the railroad company has a fee simple estate, a base or qualified fee, or a mere easement in the land.</p> <p>If a strip of land belonging to a railroad company and condemned by a borough for a public street includes a culvert built by the company, it is the duty of the borough after it has taken the land to repair the old culvert, or, if necessary and convenient, construct a new one.</p>