Philadelphia v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 365, Jan. T., 1909, by plaintiff, from decree of C. P. No. 2, Phila. Co., June T., 1909, No. 1,581, dismissing bill in equity in case of City of Philadelphia v. Philadelphia Rapid Transit Company. Bill in equity for the specific performance of a contract and for an injunction. Before Sulzberger, P. J., Wilt-bank and Barratt, JJ.
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Appeal, No. 365, Jan. T., 1909, by plaintiff, from decree of C. P. No. 2, Phila. Co., June T., 1909, No. 1,581, dismissing bill in equity in case of City of Philadelphia v. Philadelphia Rapid Transit Company. Bill in equity for the specific performance of a contract and for an injunction. Before Sulzberger, P. J., Wilt-bank and Barratt, JJ. The facts appear by the opinion of the Supreme Court and by the report of Philadelphia v. Philadelphia Rapid Transit Company, 224 Pa. 544. The court dismissed the bill, Sulzberger, P. J., writing the opinion of the court and Wiltbank, J., filing a…
1DissentMestkezat, J.
This case, I submit, is not ruled by the recent decision in Philadelphia v. Phila. Rapid Transit Co., 224 Pa. 544. The question in the present case was not raised by the pleadings and hence could not have been adjudicated in the former case. This is distinctly shown by the opinion of this court in which it is said (p. 551): “The bill complains that this action of the company (discontinuing transfers on strip tickets) is a change in its established rates of fare in force when the contract was entered into, inasmuch as it requires now a cash payment of five cents to secure the same transfer…
2Cases cited7 opinions
- Peoples Natural Gas Co. v. Braddock Wire Co.Supreme Court of Pennsylvania · 1893
- Chase v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
- Raun v. ReynoldsCalifornia Supreme Court · 1858
- McNeal Pipe & Foundry Co. v. HowlandSupreme Court of North Carolina · 1892
- Martinsburg Bank v. Central Pa. Telephone & Supply Co.Supreme Court of Pennsylvania · 1892
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