Pittock v. Central District & Printing Telegraph Co.

Citations

• 31 Pa. Super. 589
• 1906 Pa. Super. LEXIS 266

Syllabus

<p>Railroads — Right of way — Easement—Telephone companies — Act of February 19, 1849, P. L. 79 — Action.</p> <p>A right which a railroad company acquires in land by condemnation proceedings under the Act of February 19, 1849, P. L. 79, is a right which it enjoys for the purpose of its business only, and is limited to railroad uses. A railroad company cannot, therefore, grant to a telephone company the right to erect poles and wires on its right of way, where the use of the property by the telephone company is a private one for its own profit, having only a slight connection with the railroad business. The owner of the land may maintain an action of trespass against the telephone company for its unlawful entry on its land.</p> <p>When the law gives the right to a person to enter on the land of another for a particular purpose, and the person so authorized enters for another purpose not authorized by law, such entry constitutes him a trespasser, and an action for trespass will lie.</p>