197 Pa. 344 | Pa. | 1900
Opinion by
The injunction prayed for in the court below was to restrain
But the contention of the appellants is that the bridge company ought to have been enjoined because its purpose was not to build a public bridge over a stream within the meaning of the act of April 29, 1874, but to build a street railway through plaintiffs’ land, to enable the Monongahela Street Railway Company to cross the same. It is true that this street railway company, not possessing the right of eminent domain, had been prevented from crossing plaintiffs’ property, and, if the Thompson’s Run Bridge Company, in exercising its franchises, was simply constructing a street railway that otherwise could not have been built across the ravine, the injunction ought to have gone out. The company would then be exercising a franchise it did .not possess, and the plaintiffs would be entitled to
In dismissing the bill the court assigned three reasons: