Legal Opinion

Allegheny v. Millville, Etna & Sharpsburg Street Ry. Co.

Supreme Court of Pennsylvania

Decided December 30, 1893No. Appeal, No. 307PublishedCited by 37 opinions

Appeal, No. 307, Oct T., 1893, by defendant, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1893, No. 540, awarding injunction. Bill in equity for injunction. The bill averred: That the city of Allegheny passed an ordinance, duly approved Aug. 12, 1893,- at the solicitation of defendant company, with the object of enabling that company to construct and operate a street railway within the city’s limits.

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Appeal, No. 307, Oct T., 1893, by defendant, from decree of C. P. No. 2, Allegheny Co., Oct. T., 1893, No. 540, awarding injunction. Bill in equity for injunction. The bill averred: That the city of Allegheny passed an ordinance, duly approved Aug. 12, 1893,- at the solicitation of defendant company, with the object of enabling that company to construct and operate a street railway within the city’s limits. That one of the provisions of said ordinance is, “ This ordinance shall not go into effect until the company shall accept the same by its proper officials, covenanting at the same time…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

By sect. 9, art. 17 of the constitution, “ no street passenger railway shall be constructed within the limits of any cit}*-, borough or township without the consent of its local authorities.” This language is repeated in sect. 15 of the street railway act of May 14, 1889, P. L. 217, but this is merely an express subjection ex majori cautela, of the privileges to be granted by the act, to the terms of the constitution, which would be implied without it. It neither enlarged nor diminished the constitutional powers of the local authorities, and may therefore be dis*415r…

2Cases cited1 opinion

  1. Appeal of the City of PittsburghSupreme Court of Pennsylvania · 1887

3Cited by37 opinions

  1. Salt Lake City v. Utah Light & Traction Co.Utah Supreme Court · 1918
  2. City of Scranton v. Public Service CommissionSupreme Court of Pennsylvania · 1920
  3. Swarthmore Borough v. Public Service CommissionSupreme Court of Pennsylvania · 1923
  4. Erie Telecommunications, Inc. v. City of ErieDistrict Court, W.D. Pennsylvania · 1987
  5. City of Denver v. Mercantile Trust Co. of New YorkCourt of Appeals for the Eighth Circuit · 1912

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