Legal Opinion

Pittsburgh & Lake Erie Railroad Company v. Bruce

Supreme Court of Pennsylvania

Decided January 2, 1883PublishedCited by 13 opinions

Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1881, No. 219. Ejectment, by Christopher C. Bruce, John Bruce, Jane Bruce and Nancy Bruce, against the Pittsburgh & Lake Erie Railroad Company, for a strip of land 60 feet in width, and 2,878 feet in length, on which the defendants had constructed their railroad. The plaintiffs showed title to a farm of which the strip in controversy was originally a part.

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Error to the Court of Common Pleas of Lawrence county: Of October and November Term 1881, No. 219. Ejectment, by Christopher C. Bruce, John Bruce, Jane Bruce and Nancy Bruce, against the Pittsburgh & Lake Erie Railroad Company, for a strip of land 60 feet in width, and 2,878 feet in length, on which the defendants had constructed their railroad. The plaintiffs showed title to a farm of which the strip in controversy was originally a part. This strip had been originally taken adversely and used by the Pennsylvania & Ohio Canal Company, under their charter, for their canal, and on the…

1Opinion of the CourtJustice Gordon

This case was well tried in the court below, and to the opinion of the learned judge we can add but little beyond our approval.

Corporations take those powers which are conferred upon them by the legislature and nothing more. Again, the charter of a corporation must be construed liberally as to the public, and strictly as to the grantee. Commonwealth v. the North East Bail road Co., 3 Ca. 339. The plaintiff in error, however, inverting this rule, would have us construe its charter in such a manner as to give it not only such rights as are therein plainly granted, but also such as may be raised…

2Cases cited1 opinion

  1. Ridge Turnpike Co. v. StoeverSupreme Court of Pennsylvania · 1843

3Cited by13 opinions

  1. Muhle v. New York, Texas & Mexican Railway Co.Texas Supreme Court · 1894
  2. Lazarus v. MorrisSupreme Court of Pennsylvania · 1905
  3. Dickel v. Bucks-Falls Electric Co.Supreme Court of Pennsylvania · 1932
  4. City of Philadelphia v. Thirteenth & Fifteenth Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1895
  5. Griswold v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1903

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