Legal Opinion

Schaper v. Cleveland & Erie Railway Co.

Supreme Court of Pennsylvania

Decided May 21, 1919No. Appeal, No. 128PublishedCited by 7 opinions

Appeal, No. 128, Jan. T., 1917, by plaintiff, from decree of C. P. Erie Co., Sept. T., 1916, No. 5, dismissing bill in equity in case of A. H. Schaper, on behalf of himself and Mary Schaper, his wife, v. Cleveland & Erie Ry. Co. Bill in equity to enforce performance of a written contract. The court dismissed the bill. Plaintiff appealed.’ Error assigned was decree dismissing the bill.

1Opinion of the Court

Per Curiam,

On August 23,1902, the appellant, who, with his wife, then owned a farm in Erie County, granted a right-of-way across it to the Conneaut & Erie Traction Company, the appellee’s predecessor in title. The railway extended from the City of Erie westwardly to the City of Conneaut, in the State of Ohio. In consideration of the grant the street railway company agreed, for itself, its successors and assigns, to sell round-trip tickets and hooks of tickets at certain rates, which were observed by the appellee until June 5, 1916, when, under schedules filed by it with the Interstate…

2Cases cited1 opinion

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911

3Cited by7 opinions

  1. City of Scranton v. Public Service CommissionSupreme Court of Pennsylvania · 1920
  2. City of Washington v. Public Service CommissionIndiana Supreme Court · 1921
  3. Slate Belt Electric Street Railway Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1920
  4. New Street Bridge Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1921
  5. Schmoele v. Atlantic City Railroad Co.New Jersey Court of Chancery · 1931

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