Pa. Schuylkill Val. R. R. v. Phila. & Read. R. R.
Supreme Court of Pennsylvania
Appeal, No. 196, Jan. T., 1893, by defendant, from decree of C. P. Berks Co., Equity Docket, 1884, No. 341, in favor of plaintiff, on bill in equity. Bill and cross-bill to restrain plaintiffs and defendants from occupying portions of streets.
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Appeal, No. 196, Jan. T., 1893, by defendant, from decree of C. P. Berks Co., Equity Docket, 1884, No. 341, in favor of plaintiff, on bill in equity. Bill and cross-bill to restrain plaintiffs and defendants from occupying portions of streets. (For appeal from preliminary injunction, see 16 W. N. 165.) The case was referred to Henry C. G. Reber, Esq., as master, who, after reciting the charter of the West Reading Railroad Co., act of March 20, 1860, P. L. 471, of the Berks Co. Railroad Co., acts of March 29, 1871, P. L. 466, and April 22, 1873, P. L. 834, both of which roads were afterwards…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The contention here arises from the conflicting claims of two rival railroads, plaintiffs and defendants, to the occupancy of Front and Canal streets in the citjr of Reading. As neither denies the power of the other, under its corporate grant, to occupy, with consent of the city councils, streets of the city, it would serve no useful purpose for us to raise an issue not raised by the pleadings, or to discuss a proposition not necessary to a decision of the cause. For that reason, we will not attempt to answer the question, “ has a railroad company incorporated under…
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