Coatesville & Downingtown Street Railway Co. v. West Chester Railway Co.

Citations

• 206 Pa. 40
• 55 A. 844
• 1903 Pa. LEXIS 643

Syllabus

<p>Equity Practice — Cause of action — Joint bill.</p> <p>It is irregular practice in equity to join in a bill filed by several parties causes of action which are not the same, or which are not founded on any joint right.</p> <p>Street railways — Extensions—Location—Exemplification—Acts of May 14, 1889, P. L. 211, and June 7, 1901, P. L. 514.</p> <p>The filing by a street railway in the office of the secretary of the commonwealth of an exemplification of the record of the adoption of an extension, is a condition precedent to the construction of the extension.</p> <p>Street railways — Location — Extensions — Rival companies — Acts of May 14, 1889, and June 7, 1901.</p> <p>Where a street railway company incorporated subsequently to the act oí June 7, 1901, has promptly applied for the consent of the local authorities, it cannot be disturbed in the exclusive privilege of the highways named in its charter, for the period of two years allowed for construction ; and it has a standing in equity to enjoin a company incorporated prior to the act of June 7, 1901, from building extensions on such streets during the running of the two years.</p> <p>Not decided, whether the two years’ period in which to procure municipal consent, allowed by the act of June 7, 1901, will be shortened or terminated by a positive act of refusal on the part of the municipality, or whether the full period may still be available for an opportunity to overcome objections.</p> <p>Not decided; whether a street railway company may build a substantial portion of its route over a private right of way, not on any street or highway.</p>