Williamsport v. Williamsport Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 52, Jan. T., 1908, by plaintiff, from judgment of C. P. Lycoming Co., March T., 1901, No. 149, on verdict for defendant in case of City of Williamsport v. Williamsport Passenger Railway Company. Assumpsit to recover from the defendant the cost of paving between its tracks with asphalt and vitrified brick. Before Hart, P. J., without a jury. The facts appear by the opinion of the Supreme Court. Verdict and judgment for the defendant. Plaintiff appealed.
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Appeal, No. 52, Jan. T., 1908, by plaintiff, from judgment of C. P. Lycoming Co., March T., 1901, No. 149, on verdict for defendant in case of City of Williamsport v. Williamsport Passenger Railway Company. Assumpsit to recover from the defendant the cost of paving between its tracks with asphalt and vitrified brick. Before Hart, P. J., without a jury. The facts appear by the opinion of the Supreme Court. Verdict and judgment for the defendant. Plaintiff appealed. Error assigned among others was in entering judgment for the defendant.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The Williamsport Passenger Railway Company was incorporated by Act of April 15, 1863, P. L. (1864) 1080. It was *67authorized to construct a railway in the borough of Williams-port, now the city of Williamsport, and to lay its tracks on the streets of the borough. At that time there was no general act relating to the incorporation of street railways, and the powers, privileges, duties and obligations of each particular company were defined in the act creating it. The right of this company to use the streets of the town was absolute and depended upon no municipal…
2Cases cited4 opinions
- Philadelphia v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
- Norristown v. Norristown Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- City of Philadelphia v. Hestonville, Mantua & Fairmount Passenger RailroadSupreme Court of Pennsylvania · 1896
- City of Philadelphia v. Thirteenth & Fifteenth Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1895
3Cited by6 opinions
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1913
- Swarthmore Boro. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1924
- Nether Providence Township v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1924
- City of Philadelphia v. Reading Transit Co., Pennsylvania Court of Common Pleas, Philadelphia County1931
- New Cumberland Borough v. Valley Railways & Harrisburg & Mechanicsburg Electric Railway Co., Pennsylvania Court of Common Pleas, Cumberland County1926
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