Legal Opinion

Hinchman v. Phila. & West Chester Turnpike Road

Supreme Court of Pennsylvania

Decided March 5, 1894No. Appeal, No. 259PublishedCited by 5 opinions

Appeal, No. 259, Jan. T., 1894, by plaintiff, 'Charles S. Hinchman, from decree of C. P. Delaware Co., Sept. T., 1893, No. 4, dismissing bill in equity. Bill to restrain rebuilding of railroad.

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Appeal, No. 259, Jan. T., 1894, by plaintiff, 'Charles S. Hinchman, from decree of C. P. Delaware Co., Sept. T., 1893, No. 4, dismissing bill in equity. Bill to restrain rebuilding of railroad. Plaintiff by his bill averred that he was a stockholder of defendant company, and that the company had purchased the rights and franchises of the Delaware County Passenger Railroad Co. in the year 1865, and had operated the railroad until November of that year, when the cars, horses and harness were sold; that since that time the railroad has not been in operation. That in March, 1893, defendant…

1Opinion of the Court

Opinion by

Mb,. Justice Green,

By the act of March 15, 1865, P. L. 356, the defendant corporation was expressly authorized and empowered to purchase the road, property and franchises of the Delaware County Passenger Railroad Company at any judicial sale thereof to be thereafter had. The act declared that the said turnpike road company should thereupon become and be the absolute owners of said road, property and franchises, and invested with the like powers, privileges and immunities, and subject to the same restrictions and conditions as the passenger railroad company was, before such sale,…

2Cases cited1 opinion

  1. Commonwealth v. Allegheny Bridge Co.Supreme Court of Pennsylvania · 1853

3Cited by5 opinions

  1. Olyphant Sewage-Drainage Co. v. Borough of OlyphantSupreme Court of Pennsylvania · 1900
  2. Blair v. Pennsylvania Turnpike CommissionSuperior Court of Pennsylvania · 1943
  3. Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903
  4. West Philadelphia Passenger Railway Co. v. Philadelphia & West Chester Turnpike Road Co.Supreme Court of Pennsylvania · 1898
  5. Purchase of Defunct Water Companies, Pennsylvania Department of Justice1931

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