Berks County v. Reading City Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1895, by defendants, from decree of C. P. Berks Co., 1894, No. 606,. in favor of plaintiff on bill in equity. Bill in equity to restrain a street railway company from constructing its tracks upon a bridge. The facts appear in the following opinion of the court'below by Endlich, J. findings of fact. “ 1. The Penn Street Pass. Ry.
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Appeal, No. 265, Jan. T., 1895, by defendants, from decree of C. P. Berks Co., 1894, No. 606,. in favor of plaintiff on bill in equity. Bill in equity to restrain a street railway company from constructing its tracks upon a bridge. The facts appear in the following opinion of the court'below by Endlich, J. findings of fact. “ 1. The Penn Street Pass. Ry. Co. was incorporated by act April 8, 1873, P. L. (1874) 346, with power to construct a single or double track road on Penn street, in the city of Reading, from the Harrisburg bridge on the west to Nineteenth street on the east. “ The Reading…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
We are satisfied with the decree appealed from in this case, but we are not satisfied with all the reasons given for it by the learned judge of the court below. The findings of fact show that the Reading City Passenger Railway Company and the Penn Street Passenger Railway Company were incorporated in 1873, by a special act of assembly for each, in which the route to be occupied was plainly and specifically described. Each company entered upon the route assigned it. In 1893, the Penn Street Company was merged in the Reading City Company, so that the latter became…
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