Pittsburg Railways Co. v. Pittsburg

Citations

• 226 Pa. 498
• 75 A. 681
• 1910 Pa. LEXIS 806

Syllabus

<p>Railroads — Crossing street — Municipal consent — Act of April 4, 1868, P. L. 62.</p> <p>1. When a municipality stands upon its right to resist the occupation or crossing of one of its streets by a railroad or street railway company, the condition of the street is not involved, for it is no concern of the invading company that the municipality may not properly maintain the highway for the use of the public.</p> <p>2. When a railroad or street railway company attempts to cross a public street in a city without municipal consent, it must point to a power in its charter to do so, and it is immaterial that it owns the land on both sides of the street.</p> <p>3. The extension of a leased road over a public street without municipal consent, where such consent is requisite under the charter of the leased road, cannot be effected by the lessee although the latter under its charter may have power to cross streets without obtaining the municipal consent.</p> <p>4. The doctrine of implied power is not to be stretched to permit that to be done by a corporation which the legislature has previously said shall not be done, even if without such implied power the grant of some particular franchise should be valueless.</p>