Pioneer Coal Co. v. Cherrytree & Dixonville R. R.

Citations

• 272 Pa. 43
• 116 A. 45
• 1922 Pa. LEXIS 773

Syllabus

<p>Railroads — Eminent domain — Branch—Public or private me— Burden of proof — Equity—Act of June 19, 1871, P. L. 1860 — Bill by private person — Procedural questions — Action of directors— Notice to director general of railroads.</p> <p>1. In order to entitle a complainant in a bill in equity filed under the Act of June 19, 1871, P. L. 1360, to the equitable remedy which the statute provides, defendant, when properly challenged, must have failed to show a charter power to do the act complained of or it must be shown that something essential to the rightful exercise of the power sought to be asserted is lacking, or that some act has been committed which is so closely connected with defendant’s right to exorcise the power in question, as in effect to constitute a charter prohibition against its assertion under the facts in the particular ease.</p> <p>2. The burden of showing that a corporation is exercising franchises which it does not possess is on those alleging that it is attempting to do what it is not authorized to do.</p> <p>3. Where a railroad company has a right to build an extension or a branch, it will be assumed, unless the contrary is plainly shown, that the railroad company’s officials have performed their duty in good faith, when they declare a public necessity for an extension, or when they designate such extension as a branch.</p> <p>4. The mere fact that some selfish interest may have inspired the plan for the construction of such section in no sense prevents that section from being classed as a “branch” road, or public use.</p> <p>5. Wherever it appears from the attending circumstances that a section of road about to be constructed will in some direct way tend to contribute to the general public welfare, or the welfare of a considerable part of the public, such as the mining and marketing of the coal of the State, it cannot be said that it will not serve a public use.</p> <p>6. Where a spur or siding from the main track of a railroad was originally