Legal Opinion

Potts v. Quaker City Elevated R. R.

Supreme Court of Pennsylvania

Decided May 7, 1894No. Appeals, Nos. 330, 338, 341 and 342PublishedCited by 6 opinions

Appeals, Nos. 330, 338, 341 and 342, Jan. T., 1891, by defendant, from decree of C. P. No. 3, Phila. Co., June T., 1892, Nos. 1314, 199, 200, 272 and 273,' Sept. T., 1892, enjoining construction of an elevated railroad. Bills in equity for injunction to restrain construction of elevated railroad upon Market street in tbe city of Philadelphia.

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Appeals, Nos. 330, 338, 341 and 342, Jan. T., 1891, by defendant, from decree of C. P. No. 3, Phila. Co., June T., 1892, Nos. 1314, 199, 200, 272 and 273,' Sept. T., 1892, enjoining construction of an elevated railroad. Bills in equity for injunction to restrain construction of elevated railroad upon Market street in tbe city of Philadelphia. The bill in the case of Charles W. Potts avers among other things substantially as follows: That he is. the owner in fee simple of the premises situate on the north side of Market street, in the Ninth ward of the city of Philadelphia, and numbered 1223…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

The system of railroad legislation in force in this state is a growth. It has expanded with the development of our resources, and the demand for improved facilities for trade and travel. This will be evident from a cursory glance at the system. In the early history of railroads and other business enterprises each corporation was created, and its powers and duties defined, by a special law passed for that particular purpose. As corporations increased in number and were directed towards production as well as transportation, it became evident that the public…

2Cases cited2 opinions

  1. Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
  2. Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886

3Cited by6 opinions

  1. Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
  2. Hopkins v. Catasauqua Manufacturing Co.Supreme Court of Pennsylvania · 1897
  3. Howley v. Central Valley RailroadSupreme Court of Pennsylvania · 1905
  4. Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1896
  5. Ashworth v. Pittsburg Railway Co.Superior Court of Pennsylvania · 1910

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