Dunmore Borough v. Scranton Railway Co.

Citations

• 34 Pa. Super. 294
• 1907 Pa. Super. LEXIS 129

Syllabus

<p>Street railways — Double track railway — Construction of single track— Exhaustion of power — Act of March 23,1865, P. L. (1866) 1199.</p> <p>A street railway incorporated under the special Act of March 23, 1865, P. L. (1866) 1199, with power to construct between points designated, “a railway with one or more tracks,” does not exhaust its power by the construction of a single track railway, but it may more than three years after the passage of the act construct a double track railway to provide for the increasing needs of the public. There is nothing in the act of March 23, 1865, which requires the consent of a borough mentioned in the act as one of the terminals, to the construction of such railway within the borough limits; nor is the company required to take out a permit under an ordinance of' the borough “ regulating excavations in streets, and requiring permits therefor.”</p> <p>Semble that a borough has no standing to file a bill in equity by itself without notice to, or authority from, the state, to question the right of a railway company to add an additional track to a single track railway where the company has under its charter the right to “ construct a railway with one or more tracks.” It seems that no such authority is given to the borough by the Act of June 19,1871, P. L. 1360.</p>