255 Pa. 133 | Pa. | 1916
Opinion by
Plaintiff is owner of farm land in Susquehanna County abutting on both sides of defendant’s right of way which it purchased from plaintiff’s predecessor in title in 1869. The deejl recited a consideration of $2,000 and contained a clause requiring the railroad company to “make standard grade crossing, make and maintain fences; said company to make a cattle-pass on the line of R. Ives and said Dayton (the grantor) wide enough for both farms and not to dam the water so as to stand on said Dayton’s land above the line of the railroad.” Defendant proceeded to construct a cattle-pass or way, a drainage system and a grade crossing pursuant to its agreement and maintained them up to the time of- relocating its road. The cattle-pass was used by plaintiff and the owners of the adjoining farms as furnishing a safe and convenient access to the river for live stock and to the remaining portion of plaintiff’s farm lying between the railroad and the river. It was located on the northern boundary of plaintiff’s land, while the grade crossing was somewhat below the middle. In 1913 defendant, by resolution of its board of managers, decided that the portion of its road “extending from a point near the railroad station of said company in New Milford Borough, Susquehanna County, Pennsylvania, to a point about one mile northwest of the station of said company situate in the Borough of Hallstead, said Susquehanna County, be straightened, widened, enlarged and otherwise improved according to the location shown upon the blueprint hereto at
Defendant being unable to agree with plaintiff upon a suitable compensation for the property taken, instituted condemnation proceedings and filed a bond which was duly approved by the court March 24, 1914. Defendant thereupon proceeded in good faith with the improvements and has expended a large sum of money thereon. March 23, 1914, plaintiff filed the bill in this case to restrain the condemnation proceedings, alleging the resolution of defendant’s board of managers was improper and ineffective; that defendant was without authority to interfere with the cattle-pass unless by its express appropriation and condemnation, and that the resolution did not properly locate the line of defendant’s road through plaintiff’s land and was insufficient to constitute a lawful appropriation. Upon hearing, the bill was dismissed and plaintiff appealed.
The first question raised is the right of defendant in condemnation proceedings under the Act of March 17, 1869, P. L. 12, to destroy or interfere with the use of the cattle-pass without specifically appropriating the same. The construction of the pass was pursuant to a provision
In the resolution adopted by the board of managers, the location of the new road was given as “extending from a point near the railroad station of said.company in New Milford Borough, Susquehanna County, Pennsylvania, to a point about one mile northwest of the station of said company situate in the Borough of Hallstead, said Susquehanna County.......according to the location shown upon blueprint hereto attached and hereby made a part of this resolution.” Plaintiff contends this resolution is ambiguous because the clause “situate in the Borough of Hallstead” must refer to “point” and not to “station” and as a point one mile northwest of the station is not within the Borough of Hallstead, but in Great Bend Township, this terminus is not definitely fixed. This view is contrary to the grammatical rule of construction according to which the adjective phrase “situate in the borough” qualifies th,e last preceding substantive, “station.” The recital of the map in the resolution confirms this conclusion. The blueprint, attached to and made a part of the resolution, shows the station is within the Borough of Hallstead and that a point one mile northwest would come within Great Bend Township. The case of Johnston v. Del., Lack. & Western R. R. Co., 245 Pa. 338, relied upon by plaintiff, is not applicable here. 'In that case a resolution had been adopted, accompanied by a map, both declaring an intention to relocate the road between Clarks Summit and Hallstead. This line was abandoned, and, by subsequent resolution, to which a
Plaintiff insists that the resolution of the board of managers in locating the new line was defective in that it failed to designate- the exact width and area of lands to be appropriated at all points along the line. The procedure to appropriate property is thus stated in Johnston v. Del., Lack. & Western R. R. Co., 245 Pa. 338 (page 341): “The successive steps necessary to vest title to the roadway in a railroad company have been pointed out in many of our decisions. They are: (a) a preliminary survey of the lands for the purpose of exploration made by engineers and surveyors who, after running and marking-one or more experimental lines, report their work with necessary maps and profiles to the company; (b) the selection and adoption of a line or one of the lines so run, as and for the location of the proposed railroad by appropriate action by the board of directors; and (c) compensation made or secured by the corporation to the owner for the damages he. has sustained by reason of the appropriation of his land.”
The general railroad Act of Feb. 19, 1849, P. L. 79, limits the right of way to a roadbed sixty feet in width “except in the neighborhood of deep cuttings, or high embankments, or places selected for sidings, turnouts, depots, engine or water stations,” and in absence of any designation of width at the time of entry it will be presumed the full width was intended: Dilts v. Plumville R. R. Co., 222 Pa. 516; Jones v. Erie & Wyoming Val.
It appears all the managers or directors of defendant company are citizens and residents of other states and that the resolution authorizing the change in the location of the road was passed in the City of New York. Defendant is a Pennsylvania corporation, however, and subject to the General Railroad Act of 1849. The Act of January 7, 1867, P. L. 1368, provides that any citizen of the United States shall be eligible to the office of director of a railroad company, but requires a majority of the board of directors to be citizens of Pennsylvania. Plaintiff contends that since the board of directors of defendant company were not made up as required by this act, so far as' residence is concerned, their act in passing the resolution condemning his property was void. Plaintiff is not in a position to raise this question in the present proceeding. Defendant is incorporated and its officers, so far as appears, have been duly elected and are at least officers de facto and so long as their right to hold
It is finally argued by plaintiff that he is entitled to equitable relief for the reason that the new road as constructed makes no provision for a farm crossing to the portion of land remaining between the railroad and river, thus entirely cutting off access to about 18 acres of ground. This fact would, of course, furnish a material item of damage in the condemnation proceedings now
This disposes of all questions covered by the statements of the questions -involved.
The assignments of error are overruled and the judgment is affirmed.