Bridgewater Borough v. Beaver Valley Traction Co.

Citations

• 214 Pa. 343
• 63 A. 796
• 1906 Pa. LEXIS 660

Syllabus

<p>Street railways — Boroughs—Location of track — Deflection in line — Ratification.</p> <p>Where a street railway company in laying its track on a borough street has slightly deflected from the line for the track established by the borough, and the borough has acquiesced in this location of the track for ten years, it will be presumed to have ratified the deflected line, and if the railway company in reconstructing its track lays it upon the deflected line, the borough has no standing to object.</p> <p>Equity — Equity pleading — Equity practice — Admissions—Findings of fact.</p> <p>Where in a bill in equity by a borough against a street railway company, it is charged that the defendant was building a double-track railway on a borough street to the irreparable damage of complainant, and the answer admits the construction of a double-track railway while denying irreparable damage, the court cannot find as a fact that the alleged double track was not a double track, but a turnout.</p> <p>Street railways — Construction—Double tracks — Turnouts.</p> <p>The law attaches no peculiar meaning to the words “double track and turnout.” They are not technical, but in common and general use. A turnout is a short line of track having connection by means of switches with the main track.</p> <p>An additional track laid in a borough street cannot be considered a turnout where it appears that the additional track taken in connection with the original track, and in connection with a double-track railway which these two tracks connected with at the borough limits, constituted one continuous, unbroken, double-track fine.</p>