Postal Telegraph Cable Co. v. Philadelphia & Western Railway Co.

Citations

• 71 Pa. Super. 361
• 1919 Pa. Super. LEXIS 111

Syllabus

<p>Railroads — Construction of roadbed — Injury to telegraph line— Trespass — Eminent domain.</p> <p>1. When a railroad, in the exercise of its right of eminent domain, constructs its roadway and, in so doing, injures poles and wires of a telegraph company, the latter company cannot maintain an action of trespass against the railroad company for damages, if there was no evidence of negligence in the manner in which the defendant company constructed its line.</p> <p>2. When the injury complained- of is the direct, necessary and unavoidable consequence of the exercise of the right of eminent domain, the statutes have provided a remedy by a proceeding before jury of view, which remedy is exclusive of any other, and an action of trespass cannot be maintained.</p>