5 Whart. 256 | Pa. | 1840
The opinion of the Court was delivered by
This is a question of remedy, and not of right. The act incorporating the company makes it their duty, when required, to make, or cause to be made, a good causeway, whenever it may be necessary, to enable the occupant to cross over or under the embankment; and to keep the same in good repair. This is a burthen which is properly cast upon them, when the ground Ü3 in the actual occupation of the company; but the propriety of throwing these specific duties upon them is not so obvious, when, for good reasons, the legislature have thought it no longer desirable that the work should be prosecuted to completion, in a particular course or direction. The same authority which imposed the duty, have the undoubted right to release them from it, giving to the party injured by the change an adequate compensation for any
Judgment affirmed.