Philadelphia v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 365, Jan. T., 1909, by plaintiff, from decree of C. P. No. 2, Phila. Co., June T., 1909, No. 1,581, dismissing bill in equity in case of City of Philadelphia v. Philadelphia Rapid Transit Company. Bill in equity for the specific performance of a contract and for an injunction. Before Sulzberger, P. J., Wilt-bank and Barratt, JJ.
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Appeal, No. 365, Jan. T., 1909, by plaintiff, from decree of C. P. No. 2, Phila. Co., June T., 1909, No. 1,581, dismissing bill in equity in case of City of Philadelphia v. Philadelphia Rapid Transit Company. Bill in equity for the specific performance of a contract and for an injunction. Before Sulzberger, P. J., Wilt-bank and Barratt, JJ. The facts appear by the opinion of the Supreme Court and by the report of Philadelphia v. Philadelphia Rapid Transit Company, 224 Pa. 544. The court dismissed the bill, Sulzberger, P. J., writing the opinion of the court and Wiltbank, J., filing a…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The questions raised by this appeal were considered *327and determined by this court in another proceeding between the same parties about one year ago: Philadelphia v. Phila. Rapid Transit Co., 224. Pa. 544. When the opinion in that case was handed down no dissent was noted and the views therein expressed represent the conclusions of the court. That case rules the one at bar. The court was then asked to construe and did construe the same contract, the same section of the contract, the same proviso, and the same particular words in the proviso, in a similar proceeding…
2Cited by1 opinion
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