277 Pa. 1 | Pa. | 1923
Opinion by
The plaintiffs, W. Scott' Palmer et al., were owners of land in G-lenburn Borough, Lackawanna County, with an ice pond, ice houses, etc., thereon. The main track
There is no doubt of defendant’s good faith in the construction of the switch or the subsequent change of location of the road; the latter is expressly authorized by statute: Act of March 17, 1869, P. L. 12, 4 Purdon’s Digest, 13th ed., 3856. There is no implied duty on a railroad company to perpetually maintain a switch track it has constructed for the accommodation of neighboring property. To compel a railroad company to pay all the consequential damages resulting from a change of its original location would practically nullify the statute authorizing such change. A railroad company is not required to keep open a dead section of its original line for the benefit of those who had previously enjoyed shipping facilities thereon (see Saylor v. Penna. Canal Co., 183 Pa. 167); here defendant’s former right-of-way through Glenburn now forms a section of the state highway known as “The Lackawanna Trail.” Defendant’s
Plaintiffs’ main claim is for loss of the shipping facilities, resulting in a depreciation in the market value of their property; but, for such, defendant, whose act in changing its location was lawful, is not liable. See New York and Erie Railroad Company v. Young, 33 Pa. 175; Branson v. City of Philadelphia, 47 Pa. 329. Moreover, the existence and use for years of a turnout from the main line of a railroad and expenditures thereon, do not give the landowner an irrevocable right to maintain the same: Heyl v. Philadelphia, Wilmington & Baltimore R. R. Co., 51 Pa. 469. There Mr. Justice Agnew, speak
Plaintiffs also claim for the rails, etc., removed by defendant. As to this it must be remembered that the switch from the beginning was defendant’s property and in its possession and the placing and maintaining it upon plaintiffs’ land was by their consent and not a trespass, and under no aspect of the case did it become their property ; furthermore, it does not appear that any material removed by defendant was in the original switch to which plaintiffs contributed.
A railroad company, clothed with the right of eminent domain, does not forfeit title to the property it places upon the land of another, even where its act in so doing was a trespass (which this was not): Justice v. Nesquehoning Valley Railroad Co., 87 Pa. 28; Nittany Valley R. R. Co. v. E. S. & I. Co., 218 Pa. 224, 230; Titus v. Poland Coal Co., 275 Pa. 431. As defendant was in possession of its own property, the removal thereof did not constitute a trespass; moreover, no evidence was offered
The judgment is affirmed.