Legal Opinion

Minersville Borough v. Schuylkill Electric Railway Co.

Supreme Court of Pennsylvania

Decided April 20, 1903No. 1; Appeal, No. 85PublishedCited by 6 opinions

Appeal, No. 85, Jan. T., 1902, by-defendants, from decree of C. P. Schuylkill Co., Nov. T., 1900, No. 1, on bill in equity in case of Minersville Borough v. Schuylkill Electric Railway Company and Potts ville Union Traction Company. Bill in equity for an injunction.

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Appeal, No. 85, Jan. T., 1902, by-defendants, from decree of C. P. Schuylkill Co., Nov. T., 1900, No. 1, on bill in equity in case of Minersville Borough v. Schuylkill Electric Railway Company and Potts ville Union Traction Company. Bill in equity for an injunction. Shay, P. J., found the facts to be as follows: The People’s Railway Company was incorporated under an act of the general assembly, approved April 4, 1865, P. L. 815, which provides, inter alia, as follows: It gives to the People’s Railway Company “ the right to lay out and construct a railway, with one or more tracks, with…

1Opinion of the Court

Opinion by

Mb. Justice Fell,

The right of the Schuylkill Electric Railway Company or its successor, the Pottsville Union Traction Company, to occupy Sunbury stre'et in the borough of Minersville rests entirely upon the ordinance of October 21, 1896. The grant of this right to the Schuylkill Electric Railway Company was on the condition that within one year the company should construct and operate a railway from Sunbury street through Heckschersville valley to Glen Carbon. The ordinance contained the following provisions : “ The right above granted to the said company to construct and lay a…

2Cases cited1 opinion

  1. Plymouth Township v. Chestnut Hill & Norristown RailwaySupreme Court of Pennsylvania · 1895

3Cited by6 opinions

  1. City of Philadelphia v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1996
  2. Community Natural Gas Co. v. Northern Texas Utilities Co.Court of Appeals of Texas · 1928
  3. City of Hartford v. Connecticut Co.Supreme Court of Connecticut · 1928
  4. Keystone State Telephone & Telegraph Co. v. Ridley Park BoroughSuperior Court of Pennsylvania · 1905
  5. Carlisle & Mechanicsburg Street Railway Company's AppealSuperior Court of Pennsylvania · 1913

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