Borough of Millvale v. Evergreen Railway Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 225 October Term 1888, Snp. Ct.; court below, No. S9T September Term 1881, C. P. No. 1 in Equity.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 225 October Term 1888, Snp. Ct.; court below, No. S9T September Term 1881, C. P. No. 1 in Equity. On August 20, 1881, the burgess and town council of the borough of Millvale filed a bill in equity against the Evergreen Railway Company and the Pittsburgh & Northern Railroad Company, averring that the Lawrenceville & Evergreen Passenger Railway Co., without legal right and without the consent of the plaintiff, had constructed a narrow gauge steam raikoad upon certain streets in said borough, which railroad was not…
1Opinion of the Court
Opinion,
Mr. Justice Green:
Notwithstanding the very ingenious and elaborate argument of the learned counsel for the appellant, we feel constrained to concur with the master and court below in their view of the contention between these parties.
It is very earnestly argued for the appellant that both the original act of incorporation of the defendant company and the supplement thereto, are in hostility with the provisions of the constitution, and therefore void. The basis of the argument as to the act of incorporation is, that the title of the act conveys a purpose to charter a passenger railway…
2Cases cited7 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Craig v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1879
- Allegheny County Home's CaseSupreme Court of Pennsylvania · 1874
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
- Hestonville, Mantua & Fairmount Passenger Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
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3Cited by23 opinions
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- Rafferty v. Central Traction Co.Supreme Court of Pennsylvania · 1892
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
- United States Steel Co. v. Allegheny CountySupreme Court of Pennsylvania · 1952
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