Legal Opinion

Pennsylvania Railroad Co.'s Case

Supreme Court of Pennsylvania

Decided January 2, 1906No. Appeal, No. 77PublishedCited by 16 opinions

Appeal, No. 77, Oct. T., 1905, by the Pennsylvania Railroad Company, from judgment of Superior Court, April T., 1905, No. 101, affirming order of Q. S. Allegheny Co., March T., 1904, No. 56, dismissing petition to declare void an ordinance of the borough of North Braddock. Appeal from Superior Court. The facts appear by the opinion of the Supreme Court, and by the report of the case in 27 Pa. Superior Ct. 113. Error assigned was the judgment of the Superior Court.

1Opinion of the Court

Opinion by

Mr.’Justice Brown,

The question raised on this appeal is as to the power of the borough of North Braddock to pass an ordinance approved April 7, 1904, entitled “ Ordinance No. 133, requiring The Pennsylvania Railroad Company to erect and maintain and operate safety gates at the point where the tracks of said railroad company cross Fourth street in the borough of North Braddock and imposing a penalty for any failure to comply with.the provisions hereof.” By the first section of- the' ordi*375nance the appellant is required within sixty days Irom its approval to erect, maintain and operate…

2Cases cited8 opinions

  1. Lehigh Valley Railroad v. BrandtmaierSupreme Court of Pennsylvania · 1886
  2. Borough of Millerstown v. BellSupreme Court of Pennsylvania · 1889
  3. Seifred v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
  4. Township of Newlin v. DavisSupreme Court of Pennsylvania · 1875
  5. Philadelphia & Reading Railroad v. KillipsSupreme Court of Pennsylvania · 1879

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3Cited by16 opinions

  1. St. Joseph Lead Co. v. Potter TownshipSupreme Court of Pennsylvania · 1959
  2. Valley Railways v. HarrisburgSupreme Court of Pennsylvania · 1924
  3. Herrington's PetitionSupreme Court of Pennsylvania · 1920
  4. Mahoning & Shenango Railway & Light Co. v. New CastleSupreme Court of Pennsylvania · 1912
  5. Norfolk & Western Railway Co. v. Wilkes' AdministratorSupreme Court of Virginia · 1923

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