Legal Opinion

Conestoga & Big Spring Valley Turnpike Road Co. v. Lancaster City

Supreme Court of Pennsylvania

Decided October 3, 1892No. Appeal, No. 57PublishedCited by 2 opinions

Appeal, No. 57, July T., 1892, by plaintiff, from decree of C. P. Lancaster Co., equity docket No. 2, p. 383, dismissing bill in equity. Bill in equity for an injunction to restrain defendant from removing plaintiff’s toll gate.

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Appeal, No. 57, July T., 1892, by plaintiff, from decree of C. P. Lancaster Co., equity docket No. 2, p. 383, dismissing bill in equity. Bill in equity for an injunction to restrain defendant from removing plaintiff’s toll gate. The bill, after setting forth the provisions of the acts of April 17, 1861, April 17, 1867, and January 26,1849, as stated in the opinion of the Supreme Court averred that “ the said turnpike road occupies the streets of said city on the city plan, adopted by the court of quarter sessions, only from Vine street to Susquehanna street, for a distance of about two…

1Opinion of the Court

Opinion by

Mb. Chief Justice Paxson,

The appellant company was incorporated by the act of assembly of April 17, 1861, with power to construct a turnpike road from Vine street, in the city of Lancaster, along and upon Rockland street, through said city1-, to the Conestoga creek, and thence to Mill creek in said county. The road was completed in 1869, from Vine street, in the city of Lancaster, the place of beginning, designated by the act of incorporation, to the Conestoga creek.

The 3d section of the act of incorporation expressly provides that whenever the said company shall have finished its…

2Cases cited1 opinion

  1. Easton Pass. Ry. Co. v. City of Easton, Pennsylvania Court of Common Pleas, Northampton County1890

3Cited by2 opinions

  1. Providence & Abington Turnpike & Plank Road Co. v. City of ScrantonSupreme Court of Pennsylvania · 1896
  2. Tyrone Gas & Water Co. v. BurleySuperior Court of Pennsylvania · 1902

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