Pittsburgh & Birmingham Passenger Railroad v. Burgess of Birmingham
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. This case came before the court below, on the following case stated: — • By an Act of Assembly, entitled “ An act to incorporate the Pittsburgh Birmingham Passenger Railroad Company, approved 18th April 1859, said company is authorized to construct a railway, inter alia, along Carson street, in the borough of Birmingham.”
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Error to the Court of Common Pleas of Allegheny county. This case came before the court below, on the following case stated: — • By an Act of Assembly, entitled “ An act to incorporate the Pittsburgh Birmingham Passenger Railroad Company, approved 18th April 1859, said company is authorized to construct a railway, inter alia, along Carson street, in the borough of Birmingham.” The 8th section of said act provides: “ That the said railway company shall not be permitted to use and occupy any of the streets of the said city of Pittsburgh, or streets of said boroughs, for the purposes of their…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
— The duties of the defendants below arise not only from the Act of Assembly, but also from their contract with the plaintiffs, the borough authorities, without whose consent they could not have used and occupied Carson street. The charter *43required them to keep the streets in perpetual good repair. The borough ordinance, which contained the terms and conditions of their contract, enacted that “ said Pittsburgh and Birmingham Passenger Railroad Company, in addition to the other requirements of the charter, shall keep Carson street in perpetual…
2Cited by1 opinion
- Philadelphia v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891