Scranton Gas & Water Co. v. Delaware, Lackawanna & Western Railroad

Citations

• 225 Pa. 152
• 73 A. 1097
• 1909 Pa. LEXIS 624

Syllabus

<p>Railroads — Straightening line — Eminent domain — Water company— Act of March 17,1869, P. L. 12.</p> <p>1. Under the Act of March 17, 1869, P. L. 12, a railroad company may condemn land to straighten its line, although there may be a departure from the old line at one point of 2,500 feet, if it appear that the improvement will shorten the line by half a mile and reduce a curvature by 323°. In such a case it is of no consequence that the railroad company had in mind other advantages, or that these were the controlling considerations, without which the improvement would not have been entered upon.</p> <p>2. The inquiry in all such cases must be not into the conduct of the company, but into the rights conferred upon the company by law. If authorized by its charter to do the things complained of, the authority of the court is at an end, no matter what latent design may be developed.</p> <p>3. Where the minute of the executive committee of the railroad company shows that the effect of a condemnation of particular land, and the relaying of tracks thereon, will result in a substantial reduction of curvature, and a substantial shortening of the line, it is immaterial that the minute may have described the change as a “relocation.” If the minute is subsequently ratified and adopted by the board of directors, the proceeding is regular.</p> <p>4. The law commits to the board of directors of a railroad company the determination of the question of the necessity of condemning additional land under the Act of March 17,1869, P. L. 12, for straightening and widening the road. A determination by the board that the proposed change is necessary for the purposes indicated in the act is conclusive, and if such determination is reached in good faith, the court has no supervisory power over it.</p> <p>Railroads — Eminent domain — Condemning land of another public service company.</p> <p>5. Property devoted to public use including a franchise, is subject to eminent domain, and may be tak