Pennsylvania Schuylkill Valley R. R. v. Schuylkill Navigation Co.

Citations

• 167 Pa. 576
• 31 A. 858
• 1895 Pa. LEXIS 948

Syllabus

<p>Railroads — Eminent domain — Condemnation of land already used for public purpose.</p> <p>On a bill in equity by one railroad company against another to restrain the latter from obstructing the former in its efforts to take a portion of the latter’s land, it appeared that plaintiff had a single track railroad, and was not at the time engaged in laying a double track, nor did the bill aver a necessity for the occupancy of the land for that purpose, nor did the evidence show such necessity. It also appeared that the occupancy of the land was important to the defendant for the proper exercise of its corporate and public powers and duties. Held, that the bill should be dismissed without prejudice to the right of the plaintiff to renew its effort under the right of eminent domain, at such time as such effort should be deemed necessary, for the purpose of making a continuous double track railroad upon so much land as might be necessary for the purpose.</p>