Wolfe, G & M, h/w Aplts v. Reading Blue Mtn

Summary

Justice Mundy, in a concurring opinion, agreed that the Berks County Court’s condemnation order should be reinstated, finding the railroad’s taking was not for a public use because an alternative crossing was feasible. He critiqued the majority’s reliance on older railroad cases and its suggestion that the public‑use standard has become stricter, arguing that the earlier precedents remain good law and that the public‑use test has not materially changed.