Williamsport Pass. Ry. Co. v. Williamsport
Supreme Court of Pennsylvania
APPEAL PROM THE COURT OP COMMON PLEAS OP LYCOMING COUNTY, IN EQUITY. No. 400 January.Term 1887, Sup. Ct.; court below, No. 4 March Term 1887, C. P. in equity.
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APPEAL PROM THE COURT OP COMMON PLEAS OP LYCOMING COUNTY, IN EQUITY. No. 400 January.Term 1887, Sup. Ct.; court below, No. 4 March Term 1887, C. P. in equity. On February 28,1887, the city of Williamsport filed a bill in equity against the Williamsport Passenger Railway Company, the prayers whereof were: 1. That an injunction may issue, temporary until hearing and permanent thereafter, restraining said company defendant, its officers, employees, agents, contractors and servants from digging up any part of West Third street, or any other street in said city, or constructing any railroad upon…
1Opinion of the Court
Opinion,
Me. Justice Paxson:
It is not denied that the charter of appellant company gives it the power to lay its tracks upon tbie streets in question. And if it were denied it would not matter, as such power is expressly conferred. The city of Williamsport, appellee, contends that it has no right to do so without the consent’ of city councils first had and obtained, and refers us to section 9 of article XVII. of the constitution of 1874, and to the act of May 23, 1878, section 16, P. L. Ill, as authority for this position. The constitutional provision and act of assembly re*11ferred to, are in…
2Cases cited3 opinions
- Pennsylvania Railroad v. DuncanSupreme Court of Pennsylvania · 1886
- Hays v. Commonwealth ex rel. McCutcheonSupreme Court of Pennsylvania · 1877
- Commonwealth ex rel. Attorney-General v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1868
3Cited by11 opinions
- Borough of Millvale v. Evergreen Railway Co.Supreme Court of Pennsylvania · 1890
- Pennsylvania Railroad v. Philadelphia CountySupreme Court of Pennsylvania · 1908
- Wagner Free Institute v. PhiladelphiaSupreme Court of Pennsylvania · 1890
- Bunker Hill Mutual Insurance v. LeslieSupreme Court of Pennsylvania · 1955
- Gloninger v. Pittsb. & C. R.Supreme Court of Pennsylvania · 1891
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