205 Pa. 579 | Pa. | 1903
Opinion by
Part of the route of the Philadelphia and Lehigh Valley Traction Company, the real appellee, is on the Chestnut Hill
Though the appellees are styled traction companies the court below regarded them as street railway companies in determining the questions before it, and, on this appeal, the appellants so treat them. Their charters are not before us, but it is conceded by counsel for appellants that whatever rights and franchises they possess were conferred by the general street railway act of May 14, 1889, P. L. 211. It may be, as can fairly be gathered from the ninth paragraph of the answer of the defendants, that the rights and franchises which they are exercising were originally conferred upon a street railway company or companies and passed to them as their successors. Be this as it may, we must, under the circumstances, regard the appellees as possessing and undertaking to exercise the rights and franchises of a street railway company.
By section 17 of the Act of May 14, 1889, it is provided that “ any passenger railway company incorporated under this act shall have, and is hereby granted, power by its officers and servants to ascertain and define such route as they may deem expedient, over, upon and along any turnpike or turnpikes, not however exceeding sufficient width for two tracks to be laid down on, over and along such turnpike or turnpikes, and thereupon, on, over and along such turnpike or turnpikes, to
Under his findings of fact, the learned judge below properly concluded that the defendants were “ lawfully engaged in the construction of their road.” Even if they were not, the Act of June 19, 1871, P. L. 1360, is not intended for such a case as the appellants present, and cannot be invoked by them, for none of their rights or franchises are injured or invaded. The decree can well be affirmed upon the learned court’s second conclusion of law: “ Plaintiffs have no standing to object, as no part of their property is taken or encroached upon. Their ownership of the fee extends only to the middle of the turnpike, and defendants have the consent of the owners of the land on the opposite side, and also the township authorities, and of the turnpike company, which gives them the rights claimed.”
Appeal dismissed and decree affirmed at appellants’ costs.