Vinton Colliery Co. v. Blacklick & Yellow Creek Railroad

Citations

• 226 Pa. 131
• 75 A. 185
• 1910 Pa. LEXIS 726

Syllabus

<p>Railroads — Condemnation of land — Public use — Private use — Equity.</p> <p>1. A bill in equity to restrain a railroad company incorporated under the Act of April 4, 1868, P. L. 62, from condemning land, on the ground that the land was intended for a purely private, and not a public use, is properly dismissed, where the court finds from sufficient evidence that it was the intent and purpose of the incorporators of the defendant company to complete, equip and operate its railroad as required by law, and that public necessity demands the construction and operation of the road.</p> <p>2. Questions growing out of the exercise of the powers granted to a corporation cannot be raised in a proceeding under the Act of June 19, 1871, P. L. 1360, under which act the inquiry is always limited to a consideration of the question, Does the corporation possess the power to do what it is attempting to do, and not whether it is'exercising its power in an improper manner.</p>