Howley v. Central Valley Railroad

Citations

• 213 Pa. 36
• 62 A. 109
• 1905 Pa. LEXIS 369

Syllabus

<p>Railroads — Motive power — Construction of road — Electricity—Steam— Acts of Feb. 19, 1849, P. L. 79, and April 4, 1868, P. L. 62.</p> <p>A railroad company incorporated under the Act of April 4, 1868, P. L. 62, and “entitled to exercise all the rights, powers and privileges, and be subject to all the restrictions and liabilities” of the Act of February 19, 1849, P. L. 79, is not restricted to steam as a motive power, but may use electricity.</p> <p>In the absence of a limitation upon the power of a railroad company to use any appliances, or of a prohibition as to the use of any particular one, it is the duty of the company to use what, in the light of its observation and experience, is best and most convenient for it in the operation of its road, having at all times due regard to the safety of the public which it was created to serve. In such a case its duty fixes the measure of its powers in performing it. What it manifestly ought to do in exercising its franchises it may do, unless forbidden by its supreme law — the will of its creator as expressed in the words giving it life.</p> <p>The fact that the courts have designated railroads organized under the act of April 4, 1868, as steam railroads, is immaterial, since this designation has been used only as a natural one to distinguish such railroads from street passenger railways, and in no case in which it is used is there any intimation as to the limitation upon the power of the railroad company in the adoption of its motive power.</p>