North Branch Passenger Railway Co. v. City Passenger Railway Co.
Supreme Court of Pennsylvania
Certificate from Nisi Prius. In Equity. — This was aa appeal by the North Branch Passenger Railway Company, to the court in banc, from the decree of the judge at Nisi Prius, dismissing the bill of complainants.
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Certificate from Nisi Prius. In Equity. — This was aa appeal by the North Branch Passenger Railway Company, to the court in banc, from the decree of the judge at Nisi Prius, dismissing the bill of complainants. On the 7th of November 1859, the North Branch Passenger Railway Company filed their bill against William Singerly and Joseph Singerly, and the Philadelphia City Passenger Railway Company, and Charles Harlan, president thereof, setting forth Their incorporation by Act of Assembly, approved April 10th 1858, and the issuing of letters patent. The construction of their road on Fifteenth…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
— There is nothing in the defendants’ acts of incorporation, passed the 26th and 31st of March 1859, that indicates that the track laid by them was to be subject to any right in favour of any other company. On the contrary, it is declared that the defendants shall have the exclusive right to use and occupy the streets named for railway purposes; and it seems to us that this means the exclusive right to lay their track on the streets, and also, and were to have, a fortiori, the exclusive right to use their own rails when laid.
But the…
2Cited by1 opinion
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