Williamsport R. Co. v. Phila. R. Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EBOM THE COURT OE COMMON PLEAS OE LYCOMING COUNTY. January Term 1891, Sup. Ct.; court below, No. 1 June Term 1890, C. P. in Equity.
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APPEAL BY DEPENDANT EBOM THE COURT OE COMMON PLEAS OE LYCOMING COUNTY. January Term 1891, Sup. Ct.; court below, No. 1 June Term 1890, C. P. in Equity. On March 7, 1890, tbe Williamsport & North Branch Railroad Company filed a bill in equity against the Philadelphia & Erie Railroad Company, averring in substance as follows: That the plaintiff company, in pursuance of powers and privileges conferred upon it by its charter, was extending its railroad from its present terminus at Hall’s station, to points on or in connection with the Philadelphia & Erie Railroad, and in so doing had made a…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
The important question presented by this appeal is, what constitutes a valid location, on the ground, of a projected line of railroad ? It is singular that such a question should be to any extent an open one in a state remarkable as Pennsylvania is for the number and extent of its railroads. The act of location is an appropriation of private property, by virtue of the right of eminent domain with which the state has invested the railroad company, either by the act of incorporation or by virtue of general laws. The requisites of a valid location may be considered,…
2Cases cited11 opinions
- McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870
- New Brighton & New Castle Railroad v. Pittsburgh, Youngstown & Chicago RailroadSupreme Court of Pennsylvania · 1884
- Gilmore v. PittsburghSupreme Court of Pennsylvania · 1883
- Cleveland & Pittsburg Railroad v. SpeerSupreme Court of Pennsylvania · 1868
- Davis v. Titusville & Oil City Railway Co.Supreme Court of Pennsylvania · 1886
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3Cited by35 opinions
- Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
- Southern Indiana Railway Co. v. Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1907
- Golconda Northern Railway v. Gulf Lines Connecting RailroadIllinois Supreme Court · 1914
- Nicomen Boom Co. v. North Shore Boom & Driving Co.Washington Supreme Court · 1905
- Shevalier v. Postal Telegraph Co.Superior Court of Pennsylvania · 1903
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