Pittsburg v. Pittsburg, Carnegie & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 164, Oct. T., 1902, by plaintiff, from decree of C. P. No. 8, Allegheny Co., Nov. T., 1901, No. 45, on bill in equity, in case of Pittsburg v. Pitts-burg, Carnegie & Western Railroad Company and Arthur McMullen, trading as Arthur McMullen & Company. Bill in equity to restrain a railroad company from crossing streets of a city where no municipal consent had been given.
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Appeal, No. 164, Oct. T., 1902, by plaintiff, from decree of C. P. No. 8, Allegheny Co., Nov. T., 1901, No. 45, on bill in equity, in case of Pittsburg v. Pitts-burg, Carnegie & Western Railroad Company and Arthur McMullen, trading as Arthur McMullen & Company. Bill in equity to restrain a railroad company from crossing streets of a city where no municipal consent had been given. Before McClttng, J. Counsel agreed upon the following statement of facts : The plaintiff in this case is the city of Pittsburg, and the defendants are the Pittsburg, Carnegie & Western Railroad Company and Arthur…
1Opinion of the Court
Opinion bv
Mb. Justice Dean,
There is compressed in the question involved, as stated by appellant’s counsel, the entire history of this case, “ Has a railroad company incorporated under the general railroad laws of 1868 and its supplements, the power to enter upon, occupy and. cross the streets of a municipality without the consent of the municipality? ” The company is organized under and derives its being from the general railroad act. Section 12 of the Act of April 4, 1868, P. L. 62, reads :
“ This act shall not be so construed as to authorize the formation of street passenger railway…
2Cases cited4 opinions
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
- Cronise v. CroniseSupreme Court of Pennsylvania · 1867
- Appeal of the Western Pennsylvania RailroadSupreme Court of Pennsylvania · 1882
3Cited by6 opinions
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- James McMillin Printing Co. v. Pittsburg, Carnegie & Western RailroadSupreme Court of Pennsylvania · 1907
- Lower Macungie Township Annexation CaseSuperior Court of Pennsylvania · 1968
- Weigold v. Pittsburg, Carnegie & Western RailroadSupreme Court of Pennsylvania · 1904
- Perkasie Borough's Annexation CaseCommonwealth Court of Pennsylvania · 1971
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