Heyl v. Philadelphia, Wilmington & Baltimore Railroad
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Philadelphia. In Equity. This was a bill by John B. Heyl against the Philadelphia, Wilmington and Baltimore Railroad Company and the Southwark Railroad Company.- The bill set out the incorporation of both companies, that the Southwark company leased to the Philadelphia, Wilmington and Baltimore company ; that the complainant owned a lot contiguous to the Southwark road, at which he carried on, and still carries on, the business of…
Read the full summary
Appeal from the Court of Common Pleas of Philadelphia. In Equity. This was a bill by John B. Heyl against the Philadelphia, Wilmington and Baltimore Railroad Company and the Southwark Railroad Company.- The bill set out the incorporation of both companies, that the Southwark company leased to the Philadelphia, Wilmington and Baltimore company ; that the complainant owned a lot contiguous to the Southwark road, at which he carried on, and still carries on, the business of dealing in coal; that on his application, the Southwark company, in 1847, gave him permission to connect a track to his…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The license set forth and claimed in the plaintiff’s bill was denied in the answer, and is not sustained by the proof. It rests on no agreement written or oral, and cannot be inferred from the payment of tolls for the use of the road. From the mere existence and use of the turn-out from the track for seventeen years, and the receipts for mending the siding, and the expense of the castings, &c., we are asked to infer an agreement for an absolute, enduring and irrevocable right to maintain a private switch and frogs in the track of a railroad,…
2Cited by3 opinions
- Palmer v. Delaware, Lackawanna & Western R. R.Supreme Court of Pennsylvania · 1923
- Southern Railway Co. v. Toccoa Rock Crushing Co.Court of Appeals of Georgia · 1933
- Templeton v. Lehigh & Wilkes-Barre Coal Co.Superior Court of Pennsylvania · 1912