210 Pa. 480 | Pa. | 1904
Opinion by
The defendant company is incorporated under the general railroad laws of Pennsylvania, and its authority to take land for its right of way is, therefore, prima facie, limited to a strip sixty feet in width. This limitation prevails except in the neighborhood of deep cuttings, or high embankments, or places selected for sidings, turnouts, depots, engine or water stations. No necessity for extra width, arising under any of the specified exceptions, has been shown in this case. But in crossing plaintiff’s land, the line of the railroad crossed Peters creek twice within a distance of about 460 feet. This would involve the construction of two bridges, and rather than build the bridges, the defendant company sought to divert the
See also upon this point, Woods v. Greensboro Natural Gas Co., 204 Pa. 606, and the cases there cited. The trial judge
The assignments of error are overruled. The decree of the court below is affirmed, and this appeal is dismissed at the cost of the appellant.