Pittsb. Junc. R. Co. v. Allegh. V. R. Co.

Citations

• 146 Pa. 297
• 23 A. 313
• 1892 Pa. LEXIS 1222

Syllabus

<p>1. A railroad company, incorporated uuder the acts of February 19, 1849, P. L. 79, and April 4, 1868, P. L. 62, cannot appropriate for its road a part of the yard of another company reasonably necessary for the corporate purposes of the latter, merely for the sake of convenience, or to save expense, and in the absence of any actual necessity for such appropriation.</p> <p>2. In the present case, it being found that a proposed construction of plaintiff company’s road across defendant company’s yard, upon an elevated structure occupying but a trifling part of the yard, would cause comparatively little injury, easily compensated in damages, and was absolutely necessary, plaintiff’s right to effect such crossing was sustained and enforced.</p> <p>3. Railroad corporations, being created to serve the public, must submit to slight inconveniences where the public interests are concerned, especially when compensation can be made in damages. Their franchises, like other property, may be taken by eminent domain, where a necessity for such taking exists: Pittsb. June. R. Co.’s App., 122 Pa. 511; Sharon Ry. Co.’s App., 122 Pa. 533; Groff’s App., 128 Pa. 621, distinguished.</p>