Loraine v. Pittsburg, Johnstown, Ebensburg & Eastern Railroad
Supreme Court of Pennsylvania
Appeal, No. 356, Jan. T, 1902, by-plaintiff, from judgment of C. P. Clearfield Co., Dee. T., 1902, No. 343, refusing mandamus in case of C. D. Loraine v. Pitts-burg, Johnstown, Ebensburg & Eastern Railroad Company. Petition for mandamus. The facts are stated in the opinion of the Supreme Court. Error assigned was in quashing writ of mandamus.
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The defendant company was chartered sometime before 1897 under the general railroad act of 1868 as the Altoona & Pkillipsburg Connecting Railroad Company; in the year 1897 it was leased to the Pittsburg, Johnstown, Ebensburg & Eastern Railroad Company, the principal line of which last named road extended beyond the boundaries of Clearfield county; but the Altoona & Phillipsburg, the lessor road, was wholly within that county. The lessee road was only a project; was never constructed and existed only on paper. The lessor road was actually constructed for about twelve…
2Cases cited4 opinions
- Commonwealth ex rel. Hamilton v. Select & Common CouncilsSupreme Court of Pennsylvania · 1859
- Bailey v. Williamsport & North Branch RailroadSupreme Court of Pennsylvania · 1896
- Jensen v. Philadelphia, Morton & Swarthmore Street Railway Co.Supreme Court of Pennsylvania · 1902
- Whitemarsh Township v. Philadelphia, Germantown & Norristown RailroadSupreme Court of Pennsylvania · 1845
3Cited by17 opinions
- Dombrowski v. PhiladelphiaSupreme Court of Pennsylvania · 1968
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
- Edelman v. Boardman, Secretary of RevenueSupreme Court of Pennsylvania · 1938
- Butcher v. Philadelphia Civil Service CommissionSuperior Court of Pennsylvania · 1948
- Neubert v. Armstrong Water Co.Supreme Court of Pennsylvania · 1905
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