Legal Opinion

Philadelphia & Reading Terminal Railroad Co.'s Appeal

Superior Court of Pennsylvania

Decided December 18, 1895No. Appeal, No. 18PublishedCited by 7 opinions

Appeal, No. 18, Nov. T., 1895, by tbe Philadelphia & Reading Terminal Railroad Company, from judgment of Q. S. Phila. Co. The proceedings were initiated under the ordinance of July 14, 1891. It provided, inter alia, for the striking from the city plan of that part of Melon street between the west line of Ninth street and a point one hundred and thirty-two feet, one and one half inches west thereof, on the south'side of Melon street, and one hundred and twenty-two feet six…

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Appeal, No. 18, Nov. T., 1895, by tbe Philadelphia & Reading Terminal Railroad Company, from judgment of Q. S. Phila. Co. The proceedings were initiated under the ordinance of July 14, 1891. It provided, inter alia, for the striking from the city plan of that part of Melon street between the west line of Ninth street and a point one hundred and thirty-two feet, one and one half inches west thereof, on the south'side of Melon street, and one hundred and twenty-two feet six and three quarter inches west thereof, on the north side of Melon street. The petitioner, Sarah Ann Eddowes is the owner…

1Opinion of the Court

Opinion by

Willard, J.,

The first, tenth and twelfth assignments of error raise the question squarely, whether the proceedings in the court below were properly instituted under the provisions of the 6th section of the act of April 21, 1858.

The contention of the appellant is that the court of quarter sessions of the county of Philadelphia was without jurisdiction in the premises, and this involves the question whether the act of April 21, 1858, has been repealed or not. The appellant claims that by the provisions of the act of May 8, 1889, and of May 16, 1891, the act of April 21, 1858, was…

2Cases cited19 opinions

  1. City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
  2. Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
  3. Brakken v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1881
  4. County of Chester v. BrowerSupreme Court of Pennsylvania · 1888
  5. Stanwood v. City of MaldenMassachusetts Supreme Judicial Court · 1892

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3Cited by7 opinions

  1. Smith v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1960
  2. Choctaw, O. W. R. Co. v. CastanienSupreme Court of Oklahoma · 1909
  3. In re Vacation of Melon StreetSupreme Court of Pennsylvania · 1899
  4. Smith v. Union Switch & Signal Co.Superior Court of Pennsylvania · 1901
  5. Schuylkill River RoadSuperior Court of Pennsylvania · 1902

2 more not listed; retrieve them via the Exa API.

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