Legal Opinion

Chester Traction Co. v. Philadelphia, Wilmington & Baltimore Railroad

Supreme Court of Pennsylvania

Decided October 17, 1898No. Appeal, No. 199PublishedCited by 6 opinions

Appeal, No. 199, Jan. T., 1897, by defendant, from decree of C. P. Delaware Co., March T., 1895, No. 5, on bill in equity. Bill in equity under the act of June 19, 1871, for a decree to regulate the construction and maintenance of a grade crossing.

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Appeal, No. 199, Jan. T., 1897, by defendant, from decree of C. P. Delaware Co., March T., 1895, No. 5, on bill in equity. Bill in equity under the act of June 19, 1871, for a decree to regulate the construction and maintenance of a grade crossing. Before Clayton, P. J. The bill prayed for an injunction to restrain the defendant, a steam railroad company, from resisting or interfering with the maintenance of a street railway or trolley wire on Welsh street, in the City of Chester, crossing the defendant’s tracks, and also praying the court to make a decree for the manner of constructing the…

1Opinion of the Court

Opinion by

Mr. Justice Dean’,

The city of Chester, fronting on the Delaware river, has a population of about 25,000. Beginning at or near the river, about forty-five streets run north, intersecting other streets and avenues, running east and west. The Philadelphia, Wilmington and Baltimore steam railroad crosses the city at grade from east to west and, therefore, is crossed by all the north and south streets of the city, among them Welsh street. For many years the railroad company maintained two tracks through the city, and at the commencement of these proceedings was constructing and about to…

2Cases cited4 opinions

  1. Pennsylvania R. R. v. Braddock Electric Ry. Co.Supreme Court of Pennsylvania · 1893
  2. Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
  3. Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1897
  4. Altoona & Philipsburg Connecting R. R. v. Tyrone & Clearfield R. R.Supreme Court of Pennsylvania · 1894

3Cited by6 opinions

  1. Koennicke v. MaioranoConnecticut Appellate Court · 1996
  2. City of Philadelphia v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1996
  3. Pittsburg & Lake Erie Railroad v. Lawrence CountySupreme Court of Pennsylvania · 1901
  4. Baltimore & Ohio Railroad v. Butler Passenger Railway Co.Supreme Court of Pennsylvania · 1904
  5. Delaware, Lackawanna & Western Railroad v. Danville & Bloomsburg Street Railway Co.Supreme Court of Pennsylvania · 1908

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