Philadelphia & Trenton Railroad Co. v. Neshaminy Elevated Railway Co.

Citations

• 206 Pa. 343
• 55 A. 1034
• 1903 Pa. LEXIS 715

Syllabus

<p>Street railways — Elevated passenger railway — Eminent domain — Injunction — Equity.</p> <p>A passenger railway incorporated under the Act of June 7, 1901, P. L. 523, for the purpose of constructing an elevated passenger railway on a public highway of a designated distance of one mile, may after it has received the consent of the local authorities, and has filed a bond to secure a nonconsenting landowner, build such a road, notwithstanding the existence of injunctions secured at the instance of the landowner and restraining other street railway companies from building a surface street railway on the mile designated, so as to complete a continuous line of long distance electric railway.</p> <p>Appeals — Assignments of error — Equity—Exceptions.</p> <p>The appellate court will not consider a question which was not included in or alluded to in any finding of fact or of law by the trial court, not made the subject of any exception, nor set forth in any specification of error.</p>