Pittsburgh, McKeesport & Youghiogheny Railroad v. Commonwealth ex rel. Attorney General
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Allegheny Goionty: Of October and November Term 1883, No. 222- A writ of alternative mandamus was issued at the relation of the attorney general, reciting that a portion of a certain public highway, had been entered upon, occupied and obstructed by the construction of the defendant’s railroad, and requiring the defendant to cause the same to be reconstructed on the most favorable location, etc., or show cause, etc.
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Error to the Court of Common Pleas No. 1 of Allegheny Goionty: Of October and November Term 1883, No. 222- A writ of alternative mandamus was issued at the relation of the attorney general, reciting that a portion of a certain public highway, had been entered upon, occupied and obstructed by the construction of the defendant’s railroad, and requiring the defendant to cause the same to be reconstructed on the most favorable location, etc., or show cause, etc. The defendant filed an answer, which was ordered to stand as a return to said writ, to which the relator filed a traverse. On the trial,…
1Opinion of the CourtChief Justice Mercur
A turnpike road can be constructed and opened under authority of law only. When used by the public, it becomes a public highway. It was said in Nor. Cen. Railway Co. v. Commonwealth, 9 Norris 300, the main object and purpose of a turnpike is to provide a public highway of a superior quality. It is very clear that a turnpike is not a private road or way. It cannot be closed by the stockholders against public use. It is constructed by virtue of public authority, and for public use. It is for the use of every person who desires to pass over it, on payment of the toll established by law. Its use…
2Cited by14 opinions
- Lenhart v. WrightSupreme Court of Pennsylvania · 1926
- Ackerman v. City of WilliamsportSupreme Court of Pennsylvania · 1910
- In re Johnstown, Indiana & Westmoreland Turnpike Co.Superior Court of Pennsylvania · 1897
- Sieling v. State Roads CommissionCourt of Appeals of Maryland · 1931
- Suburban Rapid Transit Street Railway Co. v. Monongahela Natural Gas Co.Supreme Court of Pennsylvania · 1911
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