Legal Opinion

In re the Philadelphia & Merion Railway Co.

Supreme Court of Pennsylvania

Decided July 21, 1898No. Appeal, No. 461PublishedCited by 8 opinions

Appeal, No. 461, Jan. T., 1897, by the Philadelphia and Merion Railway Company, from order of C. P. No. 4, Pliila. Co., June -T., 1897, No. 800, making absolute rule to quash condemnation proceedings. Rule to quash comdemnation proceedings.

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Appeal, No. 461, Jan. T., 1897, by the Philadelphia and Merion Railway Company, from order of C. P. No. 4, Pliila. Co., June -T., 1897, No. 800, making absolute rule to quash condemnation proceedings. Rule to quash comdemnation proceedings. Before Arnold, P. J. The following facts were agreed upon by the parties : 1. The Blockley and Merion Turnpike and Plank Road Company was incorporated by the Act of Assembly of April 5,1853, P. L. 291, and various supplements were passed thereto on April 13, 1854, P. L. 362; April 21,1856, P. L. 474; March 29, 1859, P. L. 289, and March 31, 1870, P. L.…

1Opinion of the Court

Opinion by

Mr. Justice Green,

The Blockley and Morion Turnpike and Plank Road Company was incorporated by the Act of Assembly of April 5,1853, P. L. 291, and various supplements thereto were subsequently passed, which are enumerated in the agreed state of facts appearing on the record. By one of these supplements passed in 1859, P. L. 289, the company was “authorized to lay out and construct a railv/ay of the same gauge as the present passenger railways in the city of Philadelphia, over the route of their road or any part thereof, subject to all the limitations and restrictions of the general…

2Cases cited4 opinions

  1. Irvine v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
  2. Western Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1883
  3. Homestead St. Ry. v. Pittsburg & Homestead Electric St. Ry.Supreme Court of Pennsylvania · 1895
  4. Dyer & Co. v. Walker & HowardSupreme Court of Pennsylvania · 1861

3Cited by8 opinions

  1. A. D. Graham & Co. v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1943
  2. State ex rel. Preston Mill Co. v. HowellWashington Supreme Court · 1912
  3. Bangor Electric Company's PetitionSupreme Court of Pennsylvania · 1928
  4. Keystone Wood Co. v. Susquehanna Boom Co.Court of Appeals for the Third Circuit · 1917
  5. Mount Sharon Cemetery CharterSupreme Court of Pennsylvania · 1923

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