West Philadelphia Passenger Railway Co. v. Philadelphia & West Chester Turnpike Road Co.

Citations

• 186 Pa. 459
• 40 A. 787
• 1898 Pa. LEXIS 1027

Syllabus

<p>Turnpike companies — Street railway companies — Abandonment of franchise — Estoppel—Acts of March 15, 1865, and April 5, 1870.</p> <p>Tho Act of March 15, 1865, P. L. 856, authorized the West Chester Turnpike Road Company to purchase the franchises of the Delaware County Passenger Railway Company', “ provided that the said turnpike road company may' remove the track and superstructure of said railroad, and dispose of tho materials thereof and of the other property so purchased; upon condition, however, that they shall within three months after the removal of any part of said track and superstructure restore that part of the road to as good order and condition for jjublic travel as the same was in before said railroad track was laid.” The turnpike company operated the railway for less than a year, when it took up the rails and restored the surface so as to permit safe travel by vehicles. The minutes and records of the company' show that this was done because the operation of the railway was unprofitable. By the Act of April 5, 1870, P. L. 890, the city of Philadelphia was authorized to open, grade and pave Market street front Forty-third street, west to the county line, as soon as the Philadelphia & West Chester Turnpike Road Company “ had given up and released free of charge to the city of Philadelphia all the interest of said company in that portion of their road occupying the bed of Market street within the limits of said city.” In 1872, the turnpike company executed to the city of Philadelphia a release of all its “ right, title and interest, and corporate franchises and privileges of the said company” in Market street, which it had acquired “ by virtue of its corporate rights therein and thereto, or otherwise howsoever.” Nothing relating to the railroad was reserved. The city subsequently opened, widened and paved Market street to the county line and, in 1881, with the consent of the cily, the West Philadelphia Passenger Railway Company extended its line to t