Andel v. Duquesne Street Railway Co.

Citations

• 219 Pa. 635
• 69 A. 278
• 1908 Pa. LEXIS 640

Syllabus

<p>Street railways — Extensions and branches — Parties — Injunction— Equity.</p> <p>Individual citizens who have no right, legal or otherwise, to the use and occupation of the streets and highways covered by the branches or extensions of a street railway company, have no standing to ask a court of equity to enjoin the railway company from asserting its rights to such use and occupation.</p> <p>Individual citizens have no standing in equity to question the validity of extensions and branches of a street railway company which were secured in the manner provided by statute. The only remedy is by a writ of quo warranto sued out by the state at the suggestion of the attorney general.</p> <p>Individuals who have filed articles of association in the office of the secretary of the commonwealth for the purpose of procuring a charter, but to whom letters patent have not as yet been issued, have no standing to file a bill in equity under the Act of June 19, 1871, P. L. 1360, to question the right of a street railway company to maintain extensions and branches which were secured in the manner provided by statute.</p>