Jordan v. Washington & Canonsburg Railway Co.

Citations

• 25 Pa. Super. 564
• 1904 Pa. Super. LEXIS 115

Syllabus

<p>Street railways — Municipal consent — Supervisors—De facto supervisors— Estoppel.</p> <p>Where the supervisors of a township have stood by and permitted a street railway company to spend thousands of dollars upon the construction of a street railway, they cannot months afterwards demand that the railway shall be removed, because the consent under which the company acted was given by de facto supervisors.</p> <p>The act of an officer de facto, where it is for his own benefit, is void; because he shall not take advantage of his own want of title, which he must be conversant of, but where it is for the benefit of strangers, or the public, who are presumed to be ignorant of such defective title, it is good.</p> <p>Street railways — Divergence from, chartered route — Supervisors.</p> <p>A reasonable divergence.from the chartered route of a street railway is in the discretion of the railway company; whether such divergence has been exceeded. is not a question that concerns township officials, but must be left to the control of the commonwealth through its proper officials.</p>