Legal Opinion

Mayor of Pittsburgh v. Pennsylvania Railroad

Supreme Court of Pennsylvania

Decided July 1, 1864PublishedCited by 7 opinions

Appeal from tbe District Court of Allegheny county. This was a proceeding founded on a bill in equity filed by the Municipal Corporation of Pittsburgh, December 22d 1863. The bill set forth that the Pennsylvania Jtailroad Company were engaged in digging, excavating, and piling up dirt, stones, &e., in several of the streets of the city of Pittsburgh, greatly impeding the travel, and causing great injury and inconvenience to the citizens, and rendering the city liable to…

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Appeal from tbe District Court of Allegheny county. This was a proceeding founded on a bill in equity filed by the Municipal Corporation of Pittsburgh, December 22d 1863. The bill set forth that the Pennsylvania Jtailroad Company were engaged in digging, excavating, and piling up dirt, stones, &e., in several of the streets of the city of Pittsburgh, greatly impeding the travel, and causing great injury and inconvenience to the citizens, and rendering the city liable to great expenses and damages; that the said railroad company were doing these acts for the avowed purpose of constructing a…

1Opinion of the Court

The opinion of the court was delivered by

Read, J.

— The real question in this case is, whether the railroad company possess the power, under their charter,' to build this branch road. The propriety of the location is not called in question by the appellants, who had passed an ordinance approving of it. This leads us to an examination of the act to incorporate the Pennsylvania Railroa.d Company of the 13th of April 1846, and its supplements. The 11th section authorized the president and directors of the company to construct a railroad with such branches or lateral roads as thereinafter…

2Cited by7 opinions

  1. Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
  2. Baltimore & Ohio Railroad v. WatersCourt of Appeals of Maryland · 1907
  3. C. O. Struse & Sons Co. v. Reading Co.Supreme Court of Pennsylvania · 1930
  4. G.D. Wolfe & M.O. Wolfe, h&w v. Reading Blue Mtn. & Northern RR Co.Commonwealth Court of Pennsylvania · 2022
  5. Millersville Annexation CaseCommonwealth Court of Pennsylvania · 1971

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