Tamaqua & Lansford Street Railway v. Inter-County Street Railway

Citations

• 167 Pa. 91
• 31 A. 473
• 1895 Pa. LEXIS 865

Syllabus

<p>[Marked to be reported.]</p> <p>Street railways — Consent of supervisor — Fraud.</p> <p>A consent by a supervisor to the use of the township roads by a street railway company is invalid, where it appears that it was extorted from him by the threat to have him arrested for fraudulently giving his consent to another company for a private consideration, followed by a promise to give him the same consideration.</p> <p>Consent of supervisors to be valid should be given at a regular or special meeting, and entered upon the books of the township in the possession of the town clerk.</p> <p>Where one street railway company filed a bill in equity against another street railway company for an injunction to restrain the defendant from occupying a township road, a decree in favor of the plaintiff will not be reversed, on the ground that the plaintiff company itself had no valid consent to occupy the road in dispute.</p>