Sharon Railway Co. v. Sharpsville Railroad

Citations

• 122 Pa. 533
• 17 A. 234
• 1888 Pa. LEXIS 630

Syllabus

<p>1. The equitable powers conferred upon the Courts of Common Pleas by § 2, act of June 19, 1871, P. L. 1361, in regard to railroad crossings, cannot be invoked in favor of a railroad company whose primary objeet is to appropriate the lands or right of way of another company, the crossing of its tracks being a mere incident.</p> <p>2. A railroad crossing within the meaning of that act is such a crossing only as appropriates no part of the land or right of way of the company whose track is to be crossed, to the exclusive use of the company seeking to cross.</p> <p>3. Where land acquired by one railroad company is necessary to enable it economically and expeditiously'to carry on its present and prospective business, it cannot afterwards be taken for a like use by another company except in a case of absolute necessity, not for mere economy and convenience.</p>