Rahn Township v. Tamaqua & Lansford Street Railway

Citations

• 167 Pa. 84
• 31 A. 472
• 1895 Pa. LEXIS 864

Syllabus

<p>[Marked to be reported.]</p> <p>Street railways — Municipal consent — Consent of private owners.</p> <p>Where a street railway is chartered to construct a railway through several municipalities, it has no right to begin the construction of its line within the limits of one of the municipalities until the consent of all the municipalities has been obtained.</p> <p>It seems that a street railway company has no authority to construct its •railway partly upon the highways, and partly upon the lands of private persons who have given their consent.</p> <p>Street railways are railways on and along the streets of a city or town. They must conform to the grade of the streets they occupy. They may diverge for a short distance where the conformation of the surface or the position of streams makes it necessary iu order to avoid discomfort or danger to the traveling public, but that a street railway may, like a steam railway, locate its route not for the accommodation of local travel along the highways, but to reduce time and distance for passengers traveling from city to city or town to town across the county, is a proposition not to be entertained. It involves a perversion of the character and objects of street railways. Per Williams, J.</p>