Berks & Dauphin Turnpike Road v. American Telegraph & Telephone Co.
Supreme Court of Pennsylvania
Appeal, No. 256, Jan. ,T-> 1.912, by defendant, from judgment of C. P. Lebanon Co., Sept. T., 1911, No. 4, for plaintiff for want of a sufficient. affidavit of defense in case of The President, Managers and Company, of the Berks and Dauphin Turnpike Road v. The American Telegraph and Telephone Company. Rule for judgment for want of a sufficient affidavit of defense. Before Henry, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 256, Jan. ,T-> 1.912, by defendant, from judgment of C. P. Lebanon Co., Sept. T., 1911, No. 4, for plaintiff for want of a sufficient. affidavit of defense in case of The President, Managers and Company, of the Berks and Dauphin Turnpike Road v. The American Telegraph and Telephone Company. Rule for judgment for want of a sufficient affidavit of defense. Before Henry, P. J. The opinion of the Supreme Court states the case. The court made absolute a rule for judgment for want of a sufficient affidavit of defense. Plaintiff appealed. Error assigned was the action of the court in…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff was incorporated under the Act of March 2,1805, P. L. 75, to construct and maintain a toll-road, with power to purchase, take and hold “in fee simple, and for any less estate, all such lands.______and estates, as shall be necessary”; the road to be “laid out sixty feet wide and at least twenty-one feet thereof to be an ártificial road bedded with stone,” and to be forever thereafter maintained and kept in “good and perfect order and repair.” By Section 4, of the Act of April 19,1843, P. L. 342, the charter requirement to keep the road in good…
2Cases cited2 opinions
- People's Telephone & Telegraph Co. v. Berks & Dauphin Turnpike RoadSupreme Court of Pennsylvania · 1901
- Suburban Rapid Transit Street Railway Co. v. Monongahela Natural Gas Co.Supreme Court of Pennsylvania · 1911
3Cited by3 opinions
- Villani v. Ital. Work'gmen B. L. Assn.Superior Court of Pennsylvania · 1937
- Villani v. Italian Workingmen Building & Loan Ass'nSuperior Court of Pennsylvania · 1937
- Dalton Street Railway Co. v. Commonwealth, Pennsylvania Court of Common Pleas, Lackawanna County1945