Borough of Bethlehem v. Lehigh & New England Railroad

Citations

• 253 Pa. 251
• 97 A. 1074
• 1916 Pa. LEXIS 817

Syllabus

<p>Railroads ■ — Municipalitiees ■ — Branch line — Right to construct without municipal consent — Equity—Injunction—Refusal.</p> <p>1. A line of railroad track extended from the main line of a railroad company to the plant of a manufacturing company is a branch line within the meaning of Section 9 of the Act of April 4, 1868, P. L. 62, authorizing railroad companies incorporated under the act to construct such branches from its main line as it may deem necessary.</p> <p>2. Where a railroad company having obtained the consent of the municipal authorities of a borough to enter the borough, constructed such branch line across a public street without having first obtained the consent of the municipal authorities, and the municipality brought a bill in equity to restrain defendant from using such branch line and to compel it to remove its tracks from the street, the bill was properly dismissed.</p>