City of Philadelphia v. Thirteenth & Fifteenth Streets Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 170, July T., 1894, by-defendant, from judgment of C. P. No. 4, Pliila. Co., June T., 1893, No. 74, on point reserved. Assumpsit. Before Thayer, P. J. On April 8, 1859, the Thirteenth and Fifteenth Streets Passenger Railway Company was chartered to lay out and construct a railway on certain designated streets within the city of Philadelphia,- in which Broad street was not included.
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Appeal, No. 170, July T., 1894, by-defendant, from judgment of C. P. No. 4, Pliila. Co., June T., 1893, No. 74, on point reserved. Assumpsit. Before Thayer, P. J. On April 8, 1859, the Thirteenth and Fifteenth Streets Passenger Railway Company was chartered to lay out and construct a railway on certain designated streets within the city of Philadelphia,- in which Broad street was not included. On May 16, 1861, the Navy Yard, Broad Street and Fairmount Railway Company was granted a charter, empowering it to occupy certain streets with tracks, including a double track along Broad street to…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The Railway Company appellant was formed by the merger of two passenger railway companies previously existing, one of the same name, chartered April 8, 1859, and the other called the Navy Yard, Broad Street and Fairmount Railway Company, chartered May 16, 1861. The validity of the merger under then existing laws having been questioned, an act of assembly was passed March 27, 1873, P. L. 435, confirming the merger, *277providing for the surrender of certain corporate rights, and conferring other rights and making them exclusive. This act was solemnly accepted by the…
2Cases cited3 opinions
- Philadelphia v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
- Pittsburgh & Lake Erie Railroad Company v. BruceSupreme Court of Pennsylvania · 1883
- Pittsburg & Birmingham Passenger Railway Co. v. City of PittsburgSupreme Court of Pennsylvania · 1876
3Cited by8 opinions
- Collingdale Boro. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
- Borough v. Chambersburg & Gettysburg Electric Railway Co.Supreme Court of Pennsylvania · 1917
- Norfolk & Portsmouth Traction Co. v. City of NorfolkSupreme Court of Virginia · 1913
- Swarthmore Boro. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1924
- City of Philadelphia v. Hestonville, Mantua & Fairmount Passenger RailroadSupreme Court of Pennsylvania · 1896
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