Legal Opinion

Commonwealth ex rel. Attorney General v. Bala & Bryn Mawr Turnpike Co.

Supreme Court of Pennsylvania

Decided February 13, 1893No. Appeal, No. 114PublishedCited by 43 opinions

Appeal, No. 114, Jan. T., 1893, by plaintiff, from judgment of C. P. Montgomery Co., June T., 1892, No. 126, for defendant on quo warranto. Quo warranto against corporation.

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Appeal, No. 114, Jan. T., 1893, by plaintiff, from judgment of C. P. Montgomery Co., June T., 1892, No. 126, for defendant on quo warranto. Quo warranto against corporation. The facts appear by the following opinion of the court below, by Weand, J.: “ This is a proceeding to determine the right of the defendant corporation to occupy certain public roads .in Montgomery county, and comes before us on petition and answer and argument thereon, it being agreed that the case should be treated as if the commonwealth had demurred to the answer. The facts which raise the issue are as follows: The…

1Opinion of the Court

Opinion by

Mr. Chief Justice Paxson,

We need not discuss the effect of the amendment of the charter of the defendant company by the court of common pleas of Montgomery county, by which it was authorized to extend its road. That decree stands unreversed and unappealed from, and under it, and in entire good faith, the defendant has made the extension of its road of which the commonwealth through its attorney general now complains. Upon the faith of this decree the defendant has expended a large amount of money without any warning on the part of the commonwealth of any objection on her part. The…

2Cases cited1 opinion

  1. Church v. RulandSupreme Court of Pennsylvania · 1870

3Cited by43 opinions

  1. Oregon v. Portland Gen. Elec. Co.Oregon Supreme Court · 1908
  2. State v. CarrCourt of Appeals for the Eighth Circuit · 1911
  3. Stahl v. First Pennsylvania Banking & Trust Co.Supreme Court of Pennsylvania · 1963
  4. Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
  5. Bradford v. New York & Pennsylvania Telephone & Telegraph Co.Supreme Court of Pennsylvania · 1903

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