Junction Railroad v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, .of Philadelphia county: Of July Term 1878, Nos. 61 and 62. Scire facias sur municipal claim by the city of Philadelphia, to the use of Holgate, Johnson & Co., against the Junction Railroad Company.
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Error to the Court of Common Pleas, No. 3, .of Philadelphia county: Of July Term 1878, Nos. 61 and 62. Scire facias sur municipal claim by the city of Philadelphia, to the use of Holgate, Johnson & Co., against the Junction Railroad Company. The claim filed was for $842.37, for paving, against lot of ground, situate on north side of Girard avenue, one hundred and forty feet east of Thirty-eighth street, city of Philadelphia, sixty feet front and two hundred and fifty feet deep north to other ground of said Junction Railroad Company. ‘ ‘ The defendant filed an affidavit of defence, wherein it…
1Opinion of the CourtJustice Paxson
This case is ruled by The City of Philadelphia v. The Philadelphia, Wilmington and Baltimore Railroad Co., 9 Casey 41. It was there held that the city cannot support a claim for paving, against the road-bed of a railroad. An attempt was made to distinguish the cases, upon the ground that the plaintiff in error owned the road-bed in foe, whilst in the case cited the company had only a right of way over it. We are unable to see any substantial distinction. The right of way acquired by a railroad company is exclusive at all times and for all purposes: Railroad Co. v. Norton, *42812 Harris 465;…
2Cited by13 opinions
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- Mt. Pleasant Bor. v. Balt. & O. R.Supreme Court of Pennsylvania · 1891
- Allegheny City v. West. Penna. R.Supreme Court of Pennsylvania · 1891
- Ferguson v. Pittsburgh & Shawmut RailroadSupreme Court of Pennsylvania · 1916
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