Philadelphia v. River Front R.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 7 July Term 1889, Sup. Ct.; court below, No. 411 June Term 1877, C. P. No. 2, in Equity. On June 4, 1877, the city of Philadelphia, trustee under the will of Stephen Girard, deceased, J. Wheaton Smith et al., trustees, and other owners of land fronting on Delaware avenue, between Vine and Walnut streets, Philadelphia, filed a bill in equity against the River Front Railroad Company, averring that the defendant company was incorporated in 1876, under the general railroad…
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No. 7 July Term 1889, Sup. Ct.; court below, No. 411 June Term 1877, C. P. No. 2, in Equity. On June 4, 1877, the city of Philadelphia, trustee under the will of Stephen Girard, deceased, J. Wheaton Smith et al., trustees, and other owners of land fronting on Delaware avenue, between Vine and Walnut streets, Philadelphia, filed a bill in equity against the River Front Railroad Company, averring that the defendant company was incorporated in 1876, under the general railroad act of April 4, 1868, P. L. 62, and empowered by its letters patent to construct, maintain and operate a railroad between…
1Opinion of the Court
Opinion,
Me. Justice Mitchell :
Though this case arises upon a litigation of much wider scope, yet the present controversy turns on the construction of a single sentence in the agreement between the parties, which was by consent made a decree of the court in the original suit. It was thereby stipulated that the railroad company “ will lay down on Delaware avenue, between Vine street and Walnut street, a single track only, without sidings for standing or passing trains,.....and that the said defendants will at no time lay down or construct any such switches or turn-outs between said points,”…
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