West Philadelphia Passenger Railway Co. v. Philadelphia & West Chester Turnpike Road Co.
Supreme Court of Pennsylvania
Appeal, No. 106, Jan. T., 1898, by defendants, from decree of C. P. No. 4, Phila. Co., Dec. T., 1894, No. 295, on bill in equity. Bill in equity for an injunction. The facte appear by the opinion of the Supreme Court. The case was referred to Charles E. Morgan, Esq., who reported in favor of the complainant.
Read the full summary
Appeal, No. 106, Jan. T., 1898, by defendants, from decree of C. P. No. 4, Phila. Co., Dec. T., 1894, No. 295, on bill in equity. Bill in equity for an injunction. The facte appear by the opinion of the Supreme Court. The case was referred to Charles E. Morgan, Esq., who reported in favor of the complainant. Exceptions- to the referee’s report were dismissed in an opinion by Willson, J., and the following decree was entered: “On the 29th day of January, 1897, it is ordered and decreed that the defendant be perpetually enjoined from laying railroad tracks on and along Market'street in the city…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The Delaware County Passenger Railway Company was incorporated under the special act of March 25, 1859, which authorized it to build and operate a passenger railway connecting with the West Philadelphia Passenger Railway on Market street, at or near the western terminus thereof on Market street, thence westwardly along said street to the West Chester Plank Road, thence along said road as the public convenience might require. It was authorized to use dummy steam engines for moving its cars. The railway was built and operated until the year 1865, when it was sold at a…
2Cases cited1 opinion
- Hinchman v. Phila. & West Chester Turnpike RoadSupreme Court of Pennsylvania · 1894
3Cited by4 opinions
- Commonwealth v. KelleySupreme Court of Pennsylvania · 2002
- Commonwealth v. KoontzSupreme Court of Pennsylvania · 1917
- Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903
- Gelbke v. West N. O. Lt. & T. Co.Louisiana Court of Appeal · 1919