Little Saw Mill Valley Turnpike v. Federal Street & Pleasant Valley Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 144, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Allegheny County, July T., 1897, No. 175, on verdict for plaintiff. Assumpsit to recover a deficiency in gross receipts. Before White, P. J. The contract sued upon was as follows : “ This agreement made the 25th day of November, 1889, between the Little Saw Mill Valley Turnpike or Plank Road.
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Appeal, No. 144, Oct. T., 1899, by defendant, from judgment of C. P. No. 2, Allegheny County, July T., 1897, No. 175, on verdict for plaintiff. Assumpsit to recover a deficiency in gross receipts. Before White, P. J. The contract sued upon was as follows : “ This agreement made the 25th day of November, 1889, between the Little Saw Mill Valley Turnpike or Plank Road. Company, party of the first part, a,nd the Federal Street & Pleasant Valley Passenger Railway Company, party of the second part, witnesseth, that the party of the first part hereby agrees that so much of the railway of the party…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The Federal Street & Pleasant Valley Passenger Railway Company, appellant, incorporated under the act of February 20, 1868, was occupying at the time of the execution of the contract sued upon a portion of the appellee’s roadbed, with its tracks upon which cars were run by horse power. The agreement under which it had its tracks upon the turnpike or plank road seems to have been a verbal one, the terms of the same being immaterial in considering the questions raised on this appeal. In 1889 the appellant decided to change its motive power to electricity, and in…
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