Danville, Hazleton & Wilkesbarre Railroad v. Commonwealth
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Northumberland county, of September Term 1872. On the 1st day of November 1869, The Danville, Hazleton and Wilkesbarre Bailroad Company were indicted in the Court of Quarter Sessions of Northumberland county, for nuisance.
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Certiorari to the Court of Quarter Sessions of Northumberland county, of September Term 1872. On the 1st day of November 1869, The Danville, Hazleton and Wilkesbarre Bailroad Company were indicted in the Court of Quarter Sessions of Northumberland county, for nuisance. The indictment contained two counts:— The first set . out that there was a public highway from a point in another highway, in the township of Bush, in Northumberland county, near the southern end of the bridge over the Susquehanna river, at Danville, to and through Elysburg, in the county aforesaid ; that the defendants “ dug…
1Opinion of the Court
*36The opinion of the court was delivered, July 2d 1873, by
Mercur, J.
The Wilkesbarre & Pittston Railroad Company (to whose rights the plaintiff succeeded) was incorporated under the Act of 15th April 1859. The fifth section of said act provides, “that this company shall hereby have the rights and privileges and be subject to all the restrictions of the act regulating railroad companies, passed the 19th day of February, A. D. 1849.” This language is sufficiently comprehensive to subject it to the general railroad law to which it refers. It is contended, however, by the plaintiff, that inasmuch as…
2Cases cited5 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Green v. Borough of ReadingSupreme Court of Pennsylvania · 1840
- Henry v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1844
- People v. LawNew York Supreme Court · 1860
3Cited by11 opinions
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Collegeville Borough v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1954
- City of Canton v. Canton Cotton Warehouse Co.Mississippi Supreme Court · 1904
- Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925
- Commonwealth v. Railway Co.Superior Court of Pennsylvania · 1900
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