Legal Opinion

Pittsburg & Birmingham Passenger Railway Co. v. City of Pittsburg

Supreme Court of Pennsylvania

Decided January 6, 1876PublishedCited by 5 opinions

Error to tbe Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 214. This was an amicable action, to July Term 1874, of tbe court below, between the Pittsburg and Birmingham Passenger Railway Company, plaintiffs, and the City of Pittsburg, defendant. The case stated was as follows :— “ By an Act of Assembly, approved the 13th of April 1859, Pamph.

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Error to tbe Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1875, No. 214. This was an amicable action, to July Term 1874, of tbe court below, between the Pittsburg and Birmingham Passenger Railway Company, plaintiffs, and the City of Pittsburg, defendant. The case stated was as follows :— “ By an Act of Assembly, approved the 13th of April 1859, Pamph. L. 740, the plaintiffs were incorporated and authorized to construct and maintain a passenger railway along Carson street, in the borough of South Pittsburg. The 8th section of said Act provides:— “ ‘ That the…

1Opinion of the CourtJustice Mercur

The plaintiff was incorporated by Act of Assembly of the 13th of April 1859, Pamph. L. 749. It was thereby authorized, inter alia, to construct and maintain a passenger railway along Carson street in the borough of South Pittsburg. Section 8th of the act declares that the company shall not be permitted to use and occupy any of the streets in said borough for purposes of their railway, until the consent of the council of the borough is first thereto had by ordinance duly passed, and “ the said company shall keep so much of the streets of said borough, from curb to curb, as may be used and…

2Cited by5 opinions

  1. Philadelphia v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
  2. Woodbury Co. v. William Tackaberry Co.Supreme Court of Iowa · 1914
  3. City of Philadelphia v. Thirteenth & Fifteenth Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1895
  4. Attorney General ex rel. Gibson v. Board of SupervisorsMichigan Supreme Court · 1905
  5. Garland v. SamsonCourt of Appeals for the Eighth Circuit · 1916

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