Reeves v. Phila. Traction Co.
Supreme Court of Pennsylvania
Appeals, Nos. 158, 159 and 160, July T., 1892, by defendants, from decree of C. P. No. 4., Phila. Co., March T., 1892, Nos. 829, 968, and granting a perpetual in-j unction, restraining defendants from erecting poles and wires for the electric propulsion of street cars. Bills in equity by Stacy Reeves et al., citizens and property owners of Philadelphia, against the Continental Ry. Co., the West Phila. Passenger Ry.
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Appeals, Nos. 158, 159 and 160, July T., 1892, by defendants, from decree of C. P. No. 4., Phila. Co., March T., 1892, Nos. 829, 968, and granting a perpetual in-j unction, restraining defendants from erecting poles and wires for the electric propulsion of street cars. Bills in equity by Stacy Reeves et al., citizens and property owners of Philadelphia, against the Continental Ry. Co., the West Phila. Passenger Ry. Co., the Phila. & Darby R. R. Co., the Twenty-second & Allegheny Ave. Pass. Ry. Co., the Phila. Traction Co., and Abraham M. Beitler, Director of Public Safety. The bills averred…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The questions presented by these cases are exclusively of law, and may be conveniently summed up as, first, has the legislature authorized the appellant companies, to do the acts complained of, and, secondly, if so, has such authority become operative by the consent of the municipal councils, validly given ?
It is conceded that no such authority is contained in the charter of the companies. But by the act of May 8,1876, P. L. 147, “ Passenger railways in any and all cities of the first class .... may use other than animal power .... whenever authorized so to do…
2Cases cited3 opinions
- Paving, etc., of Wyoming StreetSupreme Court of Pennsylvania · 1891
- Weinman v. Wilkinsburg & E. L. P. Ry. Co.Supreme Court of Pennsylvania · 1888
- Philadelphia v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
3Cited by10 opinions
- Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
- Anderson v. Lower Merion TownshipSupreme Court of Pennsylvania · 1907
- Philadelphia v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1903
- Ashworth v. Pittsburg RailwaysSupreme Court of Pennsylvania · 1911
- Howley v. Central Valley RailroadSupreme Court of Pennsylvania · 1905
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