Saylor v. Pennsylvania Canal Co.
Supreme Court of Pennsylvania
Appeal, No. 378, Jan. T., 1896, by plaintiff, from judgment of C. P. Perry Co., Aug. T., 1891, No. 5, on verdict for defendant. Sterrett, C. J., dissents. Trespass to recover damages for failure to repair a canal.
Read the full summary
Appeal, No. 378, Jan. T., 1896, by plaintiff, from judgment of C. P. Perry Co., Aug. T., 1891, No. 5, on verdict for defendant. Sterrett, C. J., dissents. Trespass to recover damages for failure to repair a canal. Before Lyons, P. J. The facts appear by the charge of the court below, which was as follows: William H. Saylor, the plaintiff in this suit, brings- this action of trespass against the defendant, the Pennsylvania Canal Company, to recover damages which he alleges he sustained by reason of the negligence of the defendant in not keeping in good repair and operating condition that part…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
It was held in Buck Mountain Coal Company v. The Lehigh Coal and Navigation Company, 50 Pa. 91, that a bill in equity to enforce the performance of public duties by a corporation cannot be maintained by a private party in the absence of a special right or authority. Thompson, J., in delivering the opinion of the court said: “ There are many authorities in England and in this country which deny the right of private parties, in their own names — in the absence of special laws — when their interests are only in common with the public, to compel the performance of a…
2Cases cited3 opinions
- Buck Mountain Coal Co. v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1864
- Pennsylvania Railroad v. PattersonSupreme Court of Pennsylvania · 1873
- Pennsylvania Canal Co. v. BurdSupreme Court of Pennsylvania · 1879
3Cited by6 opinions
- Palmer v. Delaware, Lackawanna & Western R. R.Supreme Court of Pennsylvania · 1923
- Sinclair v. Moore Central RailroadSupreme Court of North Carolina · 1947
- Helena & Livingston Smelting & Reduction Co. v. Northern Pacific Railway Co.Montana Supreme Court · 1922
- Spink v. Philadelphia Hydro-Electric Co.Supreme Court of Pennsylvania · 1914
- Johnson v. Lake Drummond Canal & Water Co.Supreme Court of Virginia · 1919
1 more not listed; retrieve them via the Exa API.