Legal Opinion

Valley Rys. v. Mechanicsburg Borough

Supreme Court of Pennsylvania

Decided June 21, 1919No. Appeal, No. 217PublishedCited by 5 opinions

Appeal, No. 217, Jan. T., 1919, by plaintiff, from decree of C. P. Cumberland Co., June T., 1914, No. 1, dismissing bill in equity in case of Valley Railways y. Mechanicsburg Borough. Bill in equity for an injunction. Before McPherson, P. J., specially presiding. The court dismissed the bill. Plaintiff appealed. Error assigned was decree dismissing the bill.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This bill in equity was filed to restrain the defendant borough from the collection of a certain annual amount fixed by ordinance as the consideration for the occupation of streets. The case was heard upon bill, answer, replication and testimony. The Cumberland Valley Electric Passenger Railway Company was chartered in 1893, as a Pennsylvania corporation, and in 1900, by a franchise ordinance (No. 133), the defendant borough granted the company the right to occupy certain designated streets, upon conditions therein named, one of which was, “That said railway…

2Cases cited11 opinions

  1. Allegheny v. Millville, Etna & Sharpsburg Street Ry. Co.Supreme Court of Pennsylvania · 1893
  2. Augustine v. WolfSupreme Court of Pennsylvania · 1906
  3. Pennsylvania Railroad v. Philadelphia CountySupreme Court of Pennsylvania · 1908
  4. Allegheny City v. People's Natural Gas & Pipeage Co.Supreme Court of Pennsylvania · 1896
  5. Cameron v. City of CarbondaleSupreme Court of Pennsylvania · 1910

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Philadelphia v. Holmes Electric Protective Co.Supreme Court of Pennsylvania · 1939
  2. Swarthmore Borough v. Public Service CommissionSupreme Court of Pennsylvania · 1923
  3. Swarthmore Boro. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1924
  4. Borough of Mechanicsburg v. Valley RailwaysSuperior Court of Pennsylvania · 1933
  5. Northwestern Pennsylvania Railway Co. v. Crawford County Commissioners, Pennsylvania Court of Common Pleas, Crawford County1922

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