Legal Opinion

Philadelphia v. Philadelphia Rapid Transit Co.

Supreme Court of Pennsylvania

Decided April 26, 1909No. Appeal, No. 45PublishedCited by 3 opinions

Appeal, No. 45, Jan. T., 1909, by plaintiff, from decree of C. P. No. 5, Phila. Co., June T., 1908, No. 6,690, dismissing bill in equity in case of City of Philadelphia v. Philadelphia Rapid Transit Company. Bill in equity for the specific performance of a contract and for an injunction.

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Appeal, No. 45, Jan. T., 1909, by plaintiff, from decree of C. P. No. 5, Phila. Co., June T., 1908, No. 6,690, dismissing bill in equity in case of City of Philadelphia v. Philadelphia Rapid Transit Company. Bill in equity for the specific performance of a contract and for an injunction. Staake, J., filed an opinion in which he stated the facts to be as follows: This is a bill in equity praying for a decree against the defendant: 1. “That each ticket purchased of the defendant at the rate of six tickets for twenty-five cents shall have all the effect of a cash fare of five cents.” 2. That the…

1Opinion of the Court

Opinion by

Me. Justice Stewart,

Prior to the organization of the Philadelphia Rapid Transit Company, here the appellee, the lines of street railways in the city of Philadelphia were owned and operated by several independent companies. With a view to unify these to the extent of bringing them under a common system and management, the Philadelphia Rapid Transit Company by lease and otherwise acquired control of all of them. This control, while it allows each company to retain its separate existence, commits to the traction company the operation, management and regulation of each line of railway.…

2Cited by3 opinions

  1. Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
  2. Blankenburg v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
  3. Philadelphia v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910

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