Pennsylvania Railroad v. Parkesburg & Coatesville Street Railway Co.

Citations

• 26 Pa. Super. 159
• 1904 Pa. Super. LEXIS 284

Syllabus

<p>Street railways — Railroads—Crossing—Overhead bridge — Municipal consent — Consent of property ownei — Act of June 19, 1871, P. L. 1360 — -Equity.</p> <p>A street railway company which has not the consent of all of the local authorities of the districts through which it proposes to pass, or of all of the owners of lands abutting on its line, may be enjoined from constructing its railway by any person or corporation whose interests are adversely affected by such construction. The burden of proof is upon the street railway company to show that it has secured all the consents.</p> <p>Where a street railway company, has failed to secure the consent of one abutting landowner, and of one municipality along its proposed line of construction, a railroad company which has built, controls, and is under the duty of maintaining an overhead bridge carrying a highway over its tracks, has a standing in equity under the Act of June 19, 1871, P. L. 1360, to object to the construction of tracks over the bridge for the purposes of the electric railway, although the municipality in which the bridge is situated has given its consent, and although the street railway company has offered to reconstruct and strengthen the bridge so that it will be safe for the use of electric cars.</p>