City of Philadelphia v. Hestonville, Mantua & Fairmount Passenger Railroad
Supreme Court of Pennsylvania
Appeal, No. 68, Jan. T., 1896, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1893, No. 77, on verdict for plaintiff. Assumpsit to recover the cost of repaving and repairing streets.
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Appeal, No. 68, Jan. T., 1896, by defendant, from judgment of C. P. No. 4, Phila. Co., June T., 1893, No. 77, on verdict for plaintiff. Assumpsit to recover the cost of repaving and repairing streets. Before Arnold, J. At the trial it appeared that the plaintiff claimed to recover from the defendant moneys expended for repaving and repairing certain sections of the following streets in the city of Philar delphia, viz: Dock, Walnut, Arch, Race, Vine, Twenty-second, Twenty-fifth, Hamilton and Spring Garden, and Lancaster avenue, on and over which defendant operated its railway. The defendant…
1Opinion of the Court
Opinion by
Me. Justice Williams,
The defendant company was incorporated by a special act of assembly approved on the 6th day of April, 1859. There was at that time no system of general laws regulating the creation and defining the duties and obligations of such corporations. We must look therefore to the legislative action by which the new corporation was created for a statement of its powers and privileges, and for the extent to which it was subjected to municipal burdens in excess of those that fall upon all taxpayers alike. Turning to this act we find that the company was required to obtain…
2Cases cited4 opinions
- Philadelphia v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
- M'Clenachan v. CurwinSupreme Court of Pennsylvania · 1802
- Norristown v. Norristown Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- City of Philadelphia v. Thirteenth & Fifteenth Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1895
3Cited by10 opinions
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1913
- Swarthmore Boro. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1924
- Bales v. Board of County CommissionersOhio Court of Appeals · 1928
- Williamsport v. Williamsport Passenger Railway Co.Supreme Court of Pennsylvania · 1903
- Nether Providence Township v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1924
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