Stormfeltz v. Manor Turnpike Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county. This was an amicable action of trespass vi qt armis, on a case stated, in which The Manor Turnpike Road Company was plaintiff, and Jacob Stormfeltz was defendant. The defendant was the supervisor, or street .commissioner, of the city of Lancaster, and acting under a resolution of Councils, removed a turnpike gate erected by the' direction of the company, within the chartered limits of the city of Lancaster.
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Error to the Court of Common Pleas of Lancaster county. This was an amicable action of trespass vi qt armis, on a case stated, in which The Manor Turnpike Road Company was plaintiff, and Jacob Stormfeltz was defendant. The defendant was the supervisor, or street .commissioner, of the city of Lancaster, and acting under a resolution of Councils, removed a turnpike gate erected by the' direction of the company, within the chartered limits of the city of Lancaster. To test his authority to remove the gate, this action was agreed upon. The Manor Turnpike Road Company was incorporated by 'the act…
1Opinion of the Court
The opinion of the court Vas delivered by
Coulter, J.
The power of the legislature to establish a .turnpike gate in the streets or public ways of' a city, is hardly to be questioned. It.is ‡. part of the eminent domain which belongs to the sovereign authority. It is conceded to the general assembly, by the grant of all legislative power, and is not restrained by the bill of rights. ..There is nothing in the street, or town, or city, to make it greater or more distinguished than a highway in the rural-districts, except convenience and the density of population; and these restrain not the power…
2Cited by6 opinions
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
- Ex Parte City of BirminghamSupreme Court of Alabama · 1918
- South Western State Normal SchoolSuperior Court of Pennsylvania · 1904
- Providence & Abington Turnpike & Plank Road Co. v. City of ScrantonSupreme Court of Pennsylvania · 1896
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