Mahoning & Shenango Railway & Light Co. v. New Castle
Supreme Court of Pennsylvania
Appeal, No. 31, Oct. T., 1911, by plaintiff, from decree of C. P. Lawrence Co., June T., 1909, No. 5, in Equity, dismissing bill in suit of Mahoning & Shenango Railway & Light Company v. City of New Castle, Harry J. Lusk, Mayor, and Joseph Gilmore, Chief of Police.
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Appeal, No. 31, Oct. T., 1911, by plaintiff, from decree of C. P. Lawrence Co., June T., 1909, No. 5, in Equity, dismissing bill in suit of Mahoning & Shenango Railway & Light Company v. City of New Castle, Harry J. Lusk, Mayor, and Joseph Gilmore, Chief of Police. Bill in equity to restrain the enforcement of and to declare invalid a municipal penal ordinance requiring a street railway company to use the latest, best and most approved safety brakes and specifically designating that certain brakes shall be used until some better one is devised. Before Porter, P. J. At hearing the ordinance…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This was a proceeding in equity for an injunction to restrain the defendants from arresting the motormen and conductors in charge of the plaintiff’s cars or from in any other manner enforcing the provisions and penalties of a certain municipal ordinance.
The ordinance was approved November 30, 1908, and required all companies operating street railway lines in the city of Newcastle, (sec. 1) to “equip.each and every car operated .... with the latest, best and most approved safety brakes;” (sec. 2) “until some better or more practical brake or device is made for…
2Cases cited3 opinions
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