Township of Sugar Creek v. Erie Railway Co.

Citations

• 242 Pa. 573
• 89 A. 683
• 1914 Pa. LEXIS 694

Syllabus

<p>Eminent Domain — Railroads — Townships — Condemnation of public road — Failure of railroad to reconstruct public road — Damages — Act of February 19,1849, P. L. 79.</p> <p>1. Where a railroad company in the exercise of its right of eminent domain appropriates and occupies certain portions of a township road, and after notice from the township authorities to reconstruct the road as required by the Act of February 19, 1849, P. L. 79, which provides: “If any such railroad company shall find it necessary to change the site of any portion of any turnpike or public road, they shall cause the same to be reconstructed forthwith at their own proper expense, on the most favorable location and in as perfect a manner as the original road,” neglects or refuses to do so, the township may itself construct the new road and collect the cost thereof from the defendant company.</p> <p>2. In such a ease where the defendant railroad company has failed to construct the new road and the township undertakes itself to reconstruct a new road, partly within and partly without the right of way of the defendant company, it is entitled to recover only for the expense it has incurred in reconstructing the road outside of the right of way of the defendant company.</p> <p>3. In such a case, where the trial, in the court below resulted in a verdict for the plaintiff, it was error for the court to enter judgment n. o. v. for the defendant upon the ground that the township authorities had, in part at least, reconstructed the highway within the limits of the right of way of the railroad and had not distinguished between the expense of widening the road and reconstructing it in a new location, and the cost of removing some of the encroachments placed thereon by the railroad; a new trial should have been granted.</p>