Junction Passenger Railway v. Williamsport Passenger Railway

Citations

• 154 Pa. 116
• 26 A. 295
• 1893 Pa. LEXIS 853

Syllabus

<p>Street railways — Charter—Exclusive privilege — Location of road.</p> <p>A street railway company, chartered in 1863, was authorized “ to lay out and construct a railway, commencing at third and Market streets in the borough of Williamsport, and continuing westwardly along Third street or any other street in said borough to the village of Newberry in said county, and eastwardly through said Third street or streets in said borough, as may be deemed advisable by said company, to and throúgh the borough of Montoursville, with the right to construct branches to the main track of said passenger railway through any of the said streets of this borough of Williamsport, with single or double track.” Held,</p> <p>1. That the company had no right to occupy streets running north and south, but was limited to the use of streets running east and west.</p> <p>2. That the right to construct branches conferred no power of indefinite location, without limit in duration of time, but only the right to select and occupy streets with branches within a reasonable time.</p> <p>3. That after the expiration of twenty-eight years, and after the village had grown to a city, the right to construct branches was exhausted.</p> <p>Williamsport Passenger Railway Company’s Appeal, 120 Pa. 1, distinguished.</p> <p>Circuit — Act, April 14,1869 — Proceeding to test validity of charter.</p> <p>Where the state authorities have issued a charter under the act of May 14, 1889, P. L. 211, to a street railway company specifying the straight line of a north and south street as the route of the proposed railway, the Supreme Court will not enjoin the construction of the railway on the ground that the route is not a circuit within the meaning of the act, in a proceeding to prevent the construction of the road, where the state is not a party.</p> <p>Mr. Justice Mitchell dissented.</p>