Commonwealth v. Uwchlan Street Railway Co.

Citations

• 203 Pa. 608
• 53 A. 513
• 1902 Pa. LEXIS 768

Syllabus

<p>Street railways — Extensions—Construction of roadr — Act of June 7,1901, P. L. 614 — Conflicting claims to streets.</p> <p>When a street railway company organized under the Act of June 7, 1901, P. L. 614, has resolved upon an extension, has had its resolution recorded, and has duly filed an exemplification of this record in the office of the secretary of the commonwealth, it has done everything required of it to establish an extension, and is immediately invested With a franchise, with an exclusive privilege in the streets covered by the extension. The provision in the 14th section of the act of June 7, 1901, merely postpones “ the right to actually construct ” the extension for thirty days after the date of filing the exemplification. If, therefore, a second company is chartered within the thirty days to construct a railway over the same streets, its charter is invalid and will be forfeited by quo warranto proceedings.</p> <p>Constitutional law — Street railways — Occupation of tracks by .second company.</p> <p>Section 14 of the Act of May 14, 1889, P. L. 211, as amended by the Act of June 7, 1901, P. L. 614, giving one street railway company the right to use the tracks of another street railway company for certain prescribed distances is unconstitutional.</p>