Thirteenth & Fifteenth Streets Passenger Railway Co. v. Broad Street Rapid Transit Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 368, Jan. T., 1904, by plaintiff,from decree of C. P. No 2, Phila. Co., March T., 1903, No. 4,519, dismissing bill in equity in case of Thirteenth & Fifteenth Streets Passenger Railway Company v. Broad Street Rapid Transit Street Railway Company and the Philadelphia Rapid Transit Company. Bill in equity for an injunction. Before Sulzberger, P. J. See Commonwealth, ex rel. v. Broad Street Rapid Transit Street Railway Company, next succeeding case.
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Appeal, No. 368, Jan. T., 1904, by plaintiff,from decree of C. P. No 2, Phila. Co., March T., 1903, No. 4,519, dismissing bill in equity in case of Thirteenth & Fifteenth Streets Passenger Railway Company v. Broad Street Rapid Transit Street Railway Company and the Philadelphia Rapid Transit Company. Bill in equity for an injunction. Before Sulzberger, P. J. See Commonwealth, ex rel. v. Broad Street Rapid Transit Street Railway Company, next succeeding case. Error assigned was decree dismissing the bill.
1Opinion of the Court
Per Curiam,
This is a bill in equity to enjoin the defendant company from proceeding under its charter to lay railway tracks on Broad street in the city of Philadelphia. The basis of the relief sought was the invalidity of the franchise purported to be granted. The learned judge below rightly held that this was in effect a quo warranto to challenge the validity of the charter itself and could not be sustained by a private relator. He therefore dismissed the bill. A quo warranto was then issued at the relation of the attorney general, and the other questions argued by the appellant in this ease…
2Cited by3 opinions
- Myersdale & Salisbury Street Railway Co. v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908
- Andel v. Duquesne Street Railway Co.Supreme Court of Pennsylvania · 1908
- Veterans of Foreign Wars of the United States v. Veterans Club of Everett, Inc., Pennsylvania Court of Common Pleas, Bedford County1948