Legal Opinion

Pennsylvania Railroad v. Pittsburg

Supreme Court of Pennsylvania

Decided May 4, 1908No. Appeal, Nos. 216 and 217PublishedCited by 5 opinions

Appeal, Nos. 216 and 217, Oct. T., 1907, by plaintiffs, from decrees of C. P. No. 1, Allegheny Co., June T., 1907, Nos. 201 and 202,, dismissing bills in equity in cases of Pennsylvania Railroad Company v. City of Pittsburg and John F. Steel, Treasurer of said city, and Allegheny Yalley Railway Company v. City of Pittsburg and John F. Steel, Treasurer of said city.

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Appeal, Nos. 216 and 217, Oct. T., 1907, by plaintiffs, from decrees of C. P. No. 1, Allegheny Co., June T., 1907, Nos. 201 and 202,, dismissing bills in equity in cases of Pennsylvania Railroad Company v. City of Pittsburg and John F. Steel, Treasurer of said city, and Allegheny Yalley Railway Company v. City of Pittsburg and John F. Steel, Treasurer of said city. Bills in equity for an injunction to restrain the city of Pitts-burg from collecting taxes on real estate included within the rights of ways of railroad companies. The opinion of the Supreme Court states the case. The court entered…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The plaintiffs (appellants) are owners of certain strips of land in the city of Pittsburg, used now and for many years heretofore for their main railroad and tracks, and commonly known as rights of way. The city of Pittsburg, in 1907, assessed and levied a tax upon the said strips, claiming authority to do so under the special Act of January 4, 1859, P. L. 828, which provides that “ all real estate situated in said city owned or possessed by any railroad company shall be, and is hereby, made subject to taxation for city purposes the same as other real estate in…

2Cases cited3 opinions

  1. Safe Deposit & Trust Co. v. FrickeSupreme Court of Pennsylvania · 1893
  2. Pennsylvania Railroad v. City of PittsburghSupreme Court of Pennsylvania · 1883
  3. Harrisburg v. Harrisburg Gas Co.Supreme Court of Pennsylvania · 1907

3Cited by5 opinions

  1. Philadelphia v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1909
  2. Pitts. Junction R. R. Co. v. Pitts.Supreme Court of Pennsylvania · 1945
  3. In Re Petition of City of PittsburghSuperior Court of Pennsylvania · 1923
  4. Pittsburgh Junction Railroad v. PittsburghSupreme Court of Pennsylvania · 1945
  5. Sims v. Christiana, Pennsylvania Court of Common Pleas, Schuylkill County1954

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