Sutton v. Pennsylvania Railroad

Citations

• 211 Pa. 554
• 60 A. 1090
• 1905 Pa. LEXIS 498

Syllabus

<p>Railroads—Eminent domain—Dwelling house—Curtilage—Widening road —Act of March 17, 1869, P. L. 12.</p> <p>Under the Act of March 17, 1869, P. L. 12, relating to the widening of rights of way of railroad companies, a single taking does not exhaust the power.</p> <p>A railroad company will not be restrained from taking a strip of land from the curtilage of a dwelling house, for the purpose of widening its roadbed, where there is no evidence to show that there was an abuse of power, nor that the facilities and capacity for the transportation of traffic did not require the widening of the road, nor that any less ground would answer for the safety of persons and property in the operation of the railroad, in view of the elevation of the railroad and the necessity for embankments to support the slope.</p>