Legal Opinion

Altoona Belt Line Street Railway Co. v. City Passenger Railway Co.

Supreme Court of Pennsylvania

Decided May 23, 1904No. Appeal, No. 250PublishedCited by 1 opinion

Appeal, No. 250, Jan. T., 1903, by plaintiff, from decree of C. P. Blair Co., Equity Docket C, No. 451, dismissing bill in equity in case of Altoona Belt Line Street Railway Company v. City Passenger Railway Company. Bill in equity to restrain interference with the construction of a street railway. The opinion of the Supreme Court states the case. Error assigned was decree dismissing the bill.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

When the Altoona Belt Line Street Railway Company applied for its charter, issued to it on June 19, 1901, a portion of its proposed route was oyer certain streets on which the City Passenger Railway Company of Altoona had laid its tracks, and they were “ in constant daily use for the transportation of passengers.” The charter of the appellant gave it no power to occupy in the construction of its railway the streets already occupied and used by the appellee. A charter assuming to confer such power would be nugatory, for it would be “ in hostility with the law of its…

2Cases cited4 opinions

  1. Philadelphia, Morton & Swarthmore Street RailwayCo.'s PetitionSupreme Court of Pennsylvania · 1902
  2. Homestead St. Ry. v. Pittsburg & Homestead Electric St. Ry.Supreme Court of Pennsylvania · 1895
  3. Hannum v. Media, Middletown, Aston & Chester Electric Railway Co.Supreme Court of Pennsylvania · 1901
  4. Commonwealth v. Uwchlan Street Railway Co.Supreme Court of Pennsylvania · 1902

3Cited by1 opinion

  1. Pennsylvania Railroad v. Parkesburg & Coatesville Street Railway Co.Superior Court of Pennsylvania · 1904

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