Phillips v. Connellsville & State Line Ry. Co.

Citations

• 247 Pa. 560
• 93 A. 603
• 1915 Pa. LEXIS 885

Syllabus

<p>Railroad companies — Private ways — Condemnation—Act of February 19,181/.9, P. L. 79, Sec. 12 — Construction.</p> <p>1. Section 12 of the Act of February 19, 1849, P. L. 79, requiring railroads crossing or intersecting any established road or way to construct their road so as not to impede the use of such established road or way has reference only to such roads or ways as -are' settled, fixed and determined by authority of law or are recognized as legal and public highways and to be used perpetually as such.</p> <p>2. A private right of way granted for a period of forty years is not therefore an “established road or way” within the meaning of said act and railroad companies may condemn such private easements and. use the land for railroad purposes although the use of the way for the transportation of persons or property will thereby be destroyed.</p>