Legal Opinion

Whitemarsh Township v. Philadelphia, Germantown & Norristown Railroad

Supreme Court of Pennsylvania

Decided March 15, 1845PublishedCited by 3 opinions

ERROR to the Common Pleas of Montgomery county. A petition was presented to the court below by Jonathan Adam-son and Benjamin Jones, supervisors of Whitemarsh township, Montgomery county, setting forth that the Philadelphia, German-town and Norristown Railroad Company, after the passage of the Act of 8th February 1834, a supplement to their act of incorporation, occupied part of the bed of a public road in Whitemarsh township, Montgomery county, leading from the Spring Mill…

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ERROR to the Common Pleas of Montgomery county. A petition was presented to the court below by Jonathan Adam-son and Benjamin Jones, supervisors of Whitemarsh township, Montgomery county, setting forth that the Philadelphia, German-town and Norristown Railroad Company, after the passage of the Act of 8th February 1834, a supplement to their act of incorporation, occupied part of the bed of a public road in Whitemarsh township, Montgomery county, leading from the Spring Mill road to the Philadelphia county line, and constructed and laid their railroad on the same, thereby obstructing, &c., the…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The several Courts of Common Pleas, the President Judge being one, have within their respective counties the like power with the Supreme Court to issue writs of mandamus to all officers and magistrates elected or appointed in and for the respective county, &c., and to all corporations being or having their chief place of business within such county. Act of 14th June 1836. The jurisdiction of the court in the latter clause is confined to two classes; one where, as for example, banks are located in the body of the county exclusively; the other…

2Cited by3 opinions

  1. Loraine v. Pittsburg, Johnstown, Ebensburg & Eastern RailroadSupreme Court of Pennsylvania · 1903
  2. Emerson v. Standard Protective SocietySuperior Court of Pennsylvania · 1911
  3. Commonwealth v. N. Y. Etc. R.Supreme Court of Pennsylvania · 1890

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