Legal Opinion

Pennsylvania R. R. v. Montgomery County Passenger Railway

Supreme Court of Pennsylvania

Decided March 25, 1895No. Appeal, No. 139PublishedCited by 55 opinions

Appeal, No. 139, July T., 1894, by plaintiff, from decree of C. P. Montgomery Co., June T., 1893, No. 1, dismissing bill in equity. Bill in equity to restrain the construction of a street railway.

Read the full summary

Appeal, No. 139, July T., 1894, by plaintiff, from decree of C. P. Montgomery Co., June T., 1893, No. 1, dismissing bill in equity. Bill in equity to restrain the construction of a street railway. The bill averred: 1. That the said company is a corporation of the commonwealth of Pennsylvania under an act entitled An act to incorporate the Pennsylvania Railroad Company, approved April 13, 1846, and became the owner of said road by virtue of proceedings under an act entitled “ An act for the sale of the main line of public works,” approved May 16, 1857. 2. The said plaintiff company has held,…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

Our system of street passenger railways had its origin in the days of special legislation. Each company then had its own act of incorporation in which its route was described and its powers defined. These companies were confined to the cities and large towns of the state, and their ears were moved by horse power, and were a substitute for the omnibus and other vehicles devoted to the carriage of passengers which had been previously in common use. After the adoption of the new constitution the practice of separate legislation for each company became…

2Cases cited10 opinions

  1. McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
  2. Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
  3. Sterling's AppealSupreme Court of Pennsylvania · 1886
  4. School District of Dennison Township v. PaddenSupreme Court of Pennsylvania · 1879
  5. Cooper & Grove v. Lampeter TownshipSupreme Court of Pennsylvania · 1839

5 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
  2. William Laubach & Sons v. EastonSupreme Court of Pennsylvania · 1943
  3. Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
  4. T.S.C. Motor Freight Lines, Inc. v. United StatesDistrict Court, S.D. Texas · 1960
  5. Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937

50 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API