Speer v. Monongahela Railroad Co.

Citations

• 255 Pa. 211
• 99 A. 810
• 1916 Pa. LEXIS 549

Syllabus

<p>Eminent domain — Railroads—Adoption of line — Failure to make compensation or give security — Right to abandon — Property owner’s rights — Judgment for defendant.n. o. v.</p> <p>1. A railroad company after adopting and locating its line has the right to abandon the route, before any actual entry upon the land has been made fot construction purposes and prior to the filing of a bond to secure the payment of damages. Until compensation is paid or security given no title is vested in the condemnor.</p> <p>2. The successive steps contemplated by the Act of February 19, 1849, P. L. Í9, and subsequent legislation in order to vest title in a railroad in eminent domain proceedings are (1) a preliminary entry on the lands of private owners for the purpose of exploration; (2) the selection and adoption of the line for the location of the proposed railroad; (3) payment to the owner for what is taken and the consequences of the taking, or security that it shall be made when the amount due him is legally ascertained. The title of the owner is not divested until the last of these steps has been taken.</p> <p>3. The remedy for an entry by a railroad company upon lands without the consent of the owner and without making compensation, or securing its payment, is by a bill in equity for injunction, or an action of trespass, and not by petition for the appointment of viewers.</p> <p>4. In proceedings instituted by a property owner, for the assessment of damages caused by the location of two railroad routes over the plaintiff’s land, it appeared that the railroad had never taken actual possession or given security for the payment of damages, but had abandoned such routes. The lower court submitted the ease to the jury which found a verdict for plaintiff upon which judgment was entered. Held, that the title to the rights of way had never vested in the railroad company, and that plaintiff was not entitled to recover, and the judgment was reversed. .</p>