Pennsylvania Railroad Company's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, of Philadelphia county: Of July Term 1878, No. 4. In Equity. Appeal of the Pennsylvania Railroad Company from the decree of the court ordering them to remove the tracks laid by them on Dock street, in the city of Philadelphia, and to relay and restore the tracks of the Lombard and South Street Railway Company. Bill in equity filed by the Lombard and South Street Railway Company against the Pennsylvania Railroad Company.
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Appeal from the Court of Common Pleas, of Philadelphia county: Of July Term 1878, No. 4. In Equity. Appeal of the Pennsylvania Railroad Company from the decree of the court ordering them to remove the tracks laid by them on Dock street, in the city of Philadelphia, and to relay and restore the tracks of the Lombard and South Street Railway Company. Bill in equity filed by the Lombard and South Street Railway Company against the Pennsylvania Railroad Company. The bill sets forth substantially: That the plaintiffs were duly incorporated with the power, among other things, of laying a…
1Opinion of the CourtJustice Gordon
About the right of the Lombard and South Street Passenger Railway Company to have its tracks on Dock street there is no dispute. It had occupied this ground from the year 1863 by virtue of a charter granted to it by the legislature of this Commonwealth. As between itself and the Pennsylvania Railroad Company it had the prior right, and that company, the present appellant, can justify its conduct, in entering upon and removing the appellees’ tracks, only by the exhibition of a better right — some superior authority. Such right and authority it claims by virtue of the Act of March 12th 1873,…
2Cited by27 opinions
- Pfeiffer v. BrownSupreme Court of Pennsylvania · 1895
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- Groff v. Bird-in-Hand Turnpike Co., Pennsylvania Court of Common Pleas, Lancaster County1889
- Perry Co. v. Newport & Sherman's Valley R. R.Supreme Court of Pennsylvania · 1892
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