Taylor v. Erie City Passenger Railway Co.
Superior Court of Pennsylvania
Appeal, No. 119, April T., 1908, by plaintiff, from decree of C. -P. Erie Co., Feb. T., 1906, No. 2, dismissing bill in equity in case of Matthew H. Taylor et al., Trustees under the Will of -William L. Scott, deceased, v. The Erie City Passenger Railway Company and Erie Electric Motor Company. Bill in equity for an injunction. Before Walling, P. J. The facts appear by the opinion of the Superior Court. Error assigned was decree dismissing the bill.
1Opinion of the Court
Opinion by
Head, J.,
None of the testimony taken at the hearing in this case is before us because all of the parties have accepted the conclusions of fact adopted by the learned trial judge. From these we have taken such, facts as seem to us to be necessary to an orderly development of the questions involved.
As early as 1889 the defendant railway company, which for some years had been operating a line in the city of Erie, was duly authorized to build an extension along the Lake road through Mill Creek township to Trinity cemetery. The source of that authority was primarily the charter granted…
2Cases cited5 opinions
- Willis v. Erie City Passenger Railway Co.Supreme Court of Pennsylvania · 1898
- Borough of Pottsville v. People's Railway Co.Supreme Court of Pennsylvania · 1892
- Keller v. Riverton Consolidated Water Co.Supreme Court of Pennsylvania · 1907
- Dunmore Borough v. Scranton Railway Co.Supreme Court of Pennsylvania · 1907
- Taylor v. Erie City Passenger Railway Co.Supreme Court of Pennsylvania · 1905