Myersdale & Salisbury Street Railway Co. v. Pennsylvania & Maryland Street Railway Co.

Citations

• 219 Pa. 558
• 69 A. 92
• 1908 Pa. LEXIS 622

Syllabus

<p>Equity — Equity practice — Bequests for findings — Frivolous requests— Harmless error.</p> <p>While it is the duty of the court to make a ruling on every request for a finding of fact -or conclusion of law, failure to do so will not constitute reversible error, if the request is frivolous, or the facts asked to be found are Unimportant and not material in the decision of the case. ,</p> <p>Street railways — Contest over location of right of way — Chartered power— Parties — Equity—Act-of June 19, 1871, P. L. 1360.</p> <p>While a court of -equity may have, under the Act of June 19, 1871, P. L. 1360, jurisdiction over a contest between two rival street railway companies as to the location of their lines, when the facts show that the later company is invading the rights of the former company to the use of streets or rights of way actually occupied or in the possession of the first company, such jurisdiction does not extend to questions involving the validity of the charters of the companies, or the forfeiture of their charter rights. As to such questions the remedy is by writ of quo warranto in suit by the commonwealth.</p> <p>Where the rights, privileges and franchises of a street railway company have been sold at sheriff’s sale and bought by an individual, and subsequently there is a reorganization of the company under the provision of the statute, without the purchaser at the sale participating therein, and without any conveyance by him to the company of the rights, privileges, franchises and property bought 'at the sheriff’s sale, the reorganized company has no standing to maintain a bill in equity against another street railway company to enjoin the latter company from laying its tracks on streets and property oyer which the plaintiff company had the right to locate its line.</p> <p>A court of equity under the authority of the Act of June 19, 1871, P. L. 1360, will not grant an injunction unless a proper case in accordance with the principles and practice of equ