Pennsylvania Railroad v. Greensburg, Jeannette & Pittsburg Street Railway Co.

Citations

• 176 Pa. 559
• 35 A. 122
• 1896 Pa. LEXIS 1111

Syllabus

<p>Contract — Railroads—Boroughs—Bridges.</p> <p>Where a railroad company agrees with a borough to build an overhead bridge as a part of a public highway, the title of the bridge vests in the borough, although in the contract it was alternative to the borough that it should in consideration of the erection of the bridge cause a certain grade crossing to be vacated, or, failing to do so, should pay the railroad the cost of the bridge.</p> <p>Streets — Dedication—Evidence.</p> <p>On a bill in equity by a railroad company to restrain a street railway company from laying its tracks on a street where the railroad company had laid its tracks, the plaintiff claimed that the street was not a public highway. The evidence showed that the street had been notoriously and publicly used by the public for five or six years; that the owners in fee of the land had graded the street and agreed to dedicate it to the public; that the railroad company had recognized it as a street, and that the borough had spent hvrge sums of money upon it. Eeld, that the evidence was sufficient to sustain a finding of the court that the street was a public highway.</p> <p>Street railways — Location—Act of May 14, 1889.</p> <p>It seems that street railway companies incorporated under the act of May 14, 1889, P. L. 211, may build their roads elsewhere than upon streets properly and strictly so called.</p> <p>Street railways — Additional servitude.</p> <p>The laying of railway tracks on a suburban road is an additional servitude which cannot be imposed upon the owner of the fee against his will by the mere consent of the township authorities.</p> <p>Street railways — Consent of all local municipalities.</p> <p>The franchise of a street railway passing through several localities is an entirety, and the necessary local or municipal consent for the whole route must be obtained before it has aright to build any part.</p> <p>Street railways — Railroad companies — Equity—Injunction—Special injuries.</p> <p>Wher