Commonwealth v. Broad Street Rapid Transit Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 19, Jan. T., 1907, by defendant, from judgment of C. P. No. 1, Phila, Co., March T., 1905, No. 1,035, on verdict for plaintiff in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, v. Broad Street Rapid Transit Street Railway Company. Quo warranto to determine the right of the defendant to lay tracks on Broad street in the city of Philadelphia.
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Appeal, No. 19, Jan. T., 1907, by defendant, from judgment of C. P. No. 1, Phila, Co., March T., 1905, No. 1,035, on verdict for plaintiff in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, v. Broad Street Rapid Transit Street Railway Company. Quo warranto to determine the right of the defendant to lay tracks on Broad street in the city of Philadelphia. From the record it appeared that the defendant company' was incorporated immediately after the passage of the Act of June 7, 1901, P. L. 514, for the purpose of constructing a surface railway on Broad street in the city of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The Act of March 23, 1866, P. L. 299, is entitled “An Act supplementary to an act to incorporate the city of Philadelphia, authorizing the improvement of Broad Street in said City,” and after authorizing, empowering and requiring the city of Philadelphia to occupy and appropriate Broad street for its entire length as a public drive, provides (sec. 4) that upon the improvement of the said street, and in consideration of the payment of the cost thereof, by the owners of property abutting thereon, “ no person or persons or corporation of any kind, nor the…
2Cases cited4 opinions
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- Stull v. ReberSupreme Court of Pennsylvania · 1906
- Hestonville, Mantua & Fairmount Passenger Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
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