Chester & Darby Telford Road Co. v. Chester, Darby & Philadelphia Railway Co.

Citations

• 217 Pa. 272
• 66 A. 358
• 1907 Pa. LEXIS 695

Syllabus

<p>Street railways — Turnpike road company — Contract—Mandatory injunction.</p> <p>A court of equity will by mandatory injunction enforce specific performance of a contract between a street railway company and a turnpike road company, so as to compel the former to lay its tracks at the height and in the location specified in the contract, and to construct a solid and smooth surface between the track and the improved portion of the road as stipulated in the contract.</p> <p>Where such a contract provides that the external portion of the track shall be placed twenty feet from and parallel with the center line of the Telford portion of the road, except in running over or under bridges, or where it must of necessity be less than twenty feet, and it appears that the tracks were laid at one point in the center of the road, and it also appears that in many places the outside rail was laid with the knowledge and acquiescence of the turnpike company eighteen feet from the center line, the court will only enjoin the removal of the tracks only at the point where they were placed in the center of the road.</p>