City of Philadelphia v. Philadelphia, Wilmington & Baltimore Railroad
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia.* This was an amicable scire facias on a municipal claim, for $4583.04, filed by The City of Philadelphia, for the use of Matthew Thompson, against The Philadelphia, Wilmington and Baltimore Railroad Company, for paving the Gray’s Ferry road, from its intersection with Federal street, westward to Maiden lane.
Read the full summary
Error to the District Court of Philadelphia.* This was an amicable scire facias on a municipal claim, for $4583.04, filed by The City of Philadelphia, for the use of Matthew Thompson, against The Philadelphia, Wilmington and Baltimore Railroad Company, for paving the Gray’s Ferry road, from its intersection with Federal street, westward to Maiden lane. The defendants’ railroad runs side by side with the Gray’s Ferry road, and the claim was filed against the strip of ground occupied by the railroad, being 2046 feet in front on the Gray’s Ferry road, and 47 feet in depth, or thereabouts. The…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The municipal authorities paved the Gray’s Ferry road for a considerable distance, at a place where it lies side by side with the defendants’ railroad, and now seek to charge them with the half of the cost of it; but they cannot do it. Their claim has no foundation either in the letter of the law or in its spirit, nor in the form of the remedy. Not in the letter, because the defendants do not own the land sought to be charged, and have only their right of way over it. Not in the spirit, because the paving laws are means of compulsory…
2Cited by7 opinions
- Kansas City v. BaconSupreme Court of Missouri · 1898
- In the Matter of Chicago and North Western Railway CompanyWyoming Supreme Court · 1952
- Allegheny City v. West. Penna. R.Supreme Court of Pennsylvania · 1891
- City of Philadelphia ex rel. McCann v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1896
- South Fork Borough v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
2 more not listed; retrieve them via the Exa API.