Pittsburg v. Pittsburg, Carnegie & Western Railroad

Citations

• 205 Pa. 13
• 54 A. 468
• 1903 Pa. LEXIS 502

Syllabus

<p>Railroads — Occupancy of streets — Municipal consent — Act of April 4, 1868, P. L. 62 — Constitution of 1874, section 1, article 17.</p> <p>A railroad company incorporated under the general railroad law of April 4, 1868, and its supplements, has no power to enter upon, occupy and cross the streets of a municipality without the consent of the municipality. The express prohibition of section 12 of the act of 1868, which prevents the occupation of a street without municipal consent is in no way repealed by section 1, article 17 of the constitution of 1874, which provides that “ any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within the state, and to connect at the state line with railroads of other states.”</p> <p>The constitution is to be interpreted with reference to previous legislation of the state, and powers always previously exercised by the legislature remain to them, unless expressly or impliedly prohibited.</p>