Philadelphia & Gray's Ferry Passenger Railway Company's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas No. 2, of Philadelphia county: In Equity : Of J uly Term 1882, No. 64. Appeal of the Philadelphia and Gray’s Ferry Passenger Railway Company and the Schuylkill River Passenger Railway company from a decree of the said court, enjoining appellants from using or occupying a certain portion of Twenty-second street, in the city of Philadelphia, for railroad purposes.
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Appeal from the Court of Common Pleas No. 2, of Philadelphia county: In Equity : Of J uly Term 1882, No. 64. Appeal of the Philadelphia and Gray’s Ferry Passenger Railway Company and the Schuylkill River Passenger Railway company from a decree of the said court, enjoining appellants from using or occupying a certain portion of Twenty-second street, in the city of Philadelphia, for railroad purposes. Bill in equity between the Philadelphia City Passenger Railway Company, complainant, and the Philadelphia and Gray’s Ferry Passenger Railway Company and the Schuylkill River Passenger Railway…
1Opinion of the CourtJustice Paxson
The right of the appellants to lay their track on Twenty-second street, from Walnut to Chestnut street, is resisted by the appellees on two grounds, viz: 1st. That the appellees have the exclusive use of said street by the express terms of their charter, and, 2d. That the appellants, having elected under their charter to occupy certain streets with their tracks to avoid the obstruction at Twenty-second and Market, cannot, now that said obstruction has been removed, relocate their tracks so as to occupy Twenty-second street from Walnut to Chestnut. I will consider these objections in their…
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