York v. York Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 144, Jan. T., 1910, by defendant, from judgment of C. P. York Co., Aug. Term, 1909, No. 156, on verdict for plaintiff in case of City of York v. York Railways Company. Assumpsit on a bond. Before Bittenger, P. J. The facts appear in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 144, Jan. T., 1910, by defendant, from judgment of C. P. York Co., Aug. Term, 1909, No. 156, on verdict for plaintiff in case of City of York v. York Railways Company. Assumpsit on a bond. Before Bittenger, P. J. The facts appear in the opinion of the Supreme Court. Errors assigned among others wei-e (2) rejection of evidence of quo warranto proceedings instituted by attorney general; (4) rejection of evidence that city authorities compelled defendant to take up a curve and remove certain tracks; (5) rejection of evidence of notice and direction to pave streets actually occupied;…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This action was brought by the city of York against the York Railways Company, successor to the Colonial Street Railway Company, and the Fidelity & Deposit Company of Maryland, to recover $25,000 liquidated damages, under a contract evidenced by an ordinance of councils granting a franchise to construct and operate a railway upon certain of the highways and bridges of the city of York, an acceptance of the ordinance, and a bond given under its provisions with the last-named defendant as surety. The court below instructed a verdict in favor of the plaintiff…
2Cases cited4 opinions
- March v. AllaboughSupreme Court of Pennsylvania · 1883
- Emery v. BoyleSupreme Court of Pennsylvania · 1901
- Malone v. PhiladelphiaSupreme Court of Pennsylvania · 1892
- Shreve v. BreretonSupreme Court of Pennsylvania · 1866
3Cited by16 opinions
- Traylor v. GraftonCourt of Appeals of Maryland · 1975
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Sautter v. RowlandSupreme Court of Pennsylvania · 1925
- Holmes Electric Protective Co. v. GoldsteinSuperior Court of Pennsylvania · 1941
- Delmont Gas Coal Co. v. Diamond Alkali Co.Supreme Court of Pennsylvania · 1923
11 more not listed; retrieve them via the Exa API.