Philadelphia v. Fairhill Railroad

Superior Court of Pennsylvania
Philadelphia v. Fairhill Railroad, 41 Pa. Super. 245 (1909)
1909 Pa. Super. LEXIS 40
Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

Philadelphia v. Fairhill Railroad

Opinion of the Court

Per Curiam,

The counsel for the appellant frankly concede that the question involved in this appeal was decided by this court in Philadelphia v. Philadelphia & Reading Railroad Company, 38 Pa. Superior Ct. 529. They ask for a reversal of the decision rendered in that case. We have fully reconsidered this question in the light of the able argument of appellant's counsel, but are unable to reach a different conclusion from that reached in the case cited. Nor do we deem it necessary to add anything to the opinion of Judge Porter in that case.

The judgment is affirmed.

Reference

Full Case Name
Philadelphia to use v. Fairhill Railroad Company
Cited By
1 case
Status
Published
Syllabus
Municipal liens — Water pipe — Railroads—Right of way — Real estate— Act of June 4, 1901, P. L. 364. The roadbed of a public railroad is not “real estate” within the meaning of the Act of June 4,1901, P. L. 364, and is not subject to assessment for local taxation or municipal claims.