Legal Opinion

Mayor of Allegheny v. Ohio & Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 7 opinions

This was a bill in. equity filed by the Mayor, &e., of the City of Allegheny against the Ohio and Pennsylvania Railroad Company, praying for an injunction to restrain the company from using certain grounds in the said city, called the “South Common,” in the manner they were then doing. The bill set forth in substance, that pursuant to the provisions of an Act of Assembly, passed the 11th of September, 1787, a town was laid out opposite “Fort Pitt,” and adjoining it.

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This was a bill in. equity filed by the Mayor, &e., of the City of Allegheny against the Ohio and Pennsylvania Railroad Company, praying for an injunction to restrain the company from using certain grounds in the said city, called the “South Common,” in the manner they were then doing. The bill set forth in substance, that pursuant to the provisions of an Act of Assembly, passed the 11th of September, 1787, a town was laid out opposite “Fort Pitt,” and adjoining it. One hundred acres were reserved as a common pasture. That the lots were sold, and the owners became entitled to the right of…

1Opinion of the Court

The opinion of the court was delivered by

Lewis, C. J.

The Act of 11th September, 1787, under which the town of Allegheny was laid out, directed the state authorities to “ reserve, without the said town, one hundred acres for a common pasture.” The lots were sold, and the reservation made, in pursuance of which, the title to the one hundred acres of land reserved for a common pasture remained, as before, the property of the state, and the lotholders became entitled to the privilege of common of pasture. The state owned the land — the lotholders the servitude of pasturage. Both these titles were…

2Cited by7 opinions

  1. Wentz v. PhiladelphiaSupreme Court of Pennsylvania · 1930
  2. Lazarus v. MorrisSupreme Court of Pennsylvania · 1905
  3. Riley v. Pennsylvania Co.Superior Court of Pennsylvania · 1907
  4. Woods v. Greensboro Natural Gas Co.Supreme Court of Pennsylvania · 1903
  5. Peru Turnpike Co. v. Town of PeruSupreme Court of Vermont · 1917

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