Keys v. Uniontown Radial Street Railway Co.

Citations

• 236 Pa. 611
• 84 A. 1109
• 1912 Pa. LEXIS 809

Syllabus

<p>Street railway companies — Eminent domain — Common carriers —Act of June 1,1901, P. L. 868.</p> <p>1. A street railway company incorporated in 1910, under the Act of May 14, 1889, P. L. 211, and the amendments thereof “for the purpose of constructing, maintaining and operating a street railway for public use in the conveyance of passengers by power other than locomotive,” has the power of eminent domain conferred by the Act of June 1, 1907, P. L. 368, and may re-locate its route in part by the exercise of such power, although its certificate of incorporation and letters patent do not state that it shall be a common carrier “of express matter, farm produce, garden truck, milk, merchandise, and other light freight and property.”</p> <p>2. As tbe Act of April 22, 1907, P. L. 96, gave to street railway companies incorporated to carry passengers tbe right and privilege to transport light freight, the purpose stated in the articles of association as quoted was sufficient, to indicate the right to carry light freight as incidental to the primary purpose of the corporation.</p> <p>3. Whenever a street railway company, whether incorporated before or after the Act of June 1, 1907, P. L. 368, serves notice on a landowner of its purpose to condemn his land under the right of eminent domain, and files in court its petition and bond as required by the act it becomes bound as a common carrier of light freight from which duty nothing but performance will relieve it.</p> <p>Equity — Equity practice — Preliminary injunction — Corporations —Charier power.</p> <p>4. On an appeal from a decree refusing to dissolve a preliminary injunction, the established practice is not to consider the merits on appeal until after final hearing, but where the decree restrains a street railway company from exercising the right of eminent domain, and it appears that the court below based its decree upon the ground that the appellant company was not vested by its charter with the power of eminent domai