Gyger v. Phila. etc. Ry. Co.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 106 July Term 1889, Sup. Ct.; court below, No. 332 December Term 1883, C. P. No. 2. On December 29, 1883, Jesse Gyger filed a bill in equity against the Philadelphia City Passenger Railway Company and the West Philadelphia Passenger Railway Company, setting forth that he was the owner of thirty-six shares of the capital stock of the first named company, and further averring in substance as follows: 2. That the Phila. City Pass. Ry.
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No. 106 July Term 1889, Sup. Ct.; court below, No. 332 December Term 1883, C. P. No. 2. On December 29, 1883, Jesse Gyger filed a bill in equity against the Philadelphia City Passenger Railway Company and the West Philadelphia Passenger Railway Company, setting forth that he was the owner of thirty-six shares of the capital stock of the first named company, and further averring in substance as follows: 2. That the Phila. City Pass. Ry. Co., incorporated by the acts of March 26, 1859, P. L. 243, and March 81, 1859, P. L. 825, had maintained a street-passenger horse-car railroad in the city of…
1Opinion of the Court
Opinion,
Mr. Justice Green:
It is undoubtedly true, as we have several times decided, that the words “ railroad ” and “ railway ” are synonymous, and in all ordinary circumstances they are to be treated as without distinction of meaning. When either one or the other of these words is used in a statute, and the context requires that a particular kind of road is intended, that kind of a road will be held to be the subject of the statutory provision; but if the context contains no such indication, and either of the words is used in describing the subject-matter, the statute will be held applicable…
2Cases cited1 opinion
- Hestonville, Mantua & Fairmount Passenger Railroad v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
3Cited by15 opinions
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- Venner v. Chicago City Railway Co.Illinois Supreme Court · 1913
- Perry County Telephone & Telegraph Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1919
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
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