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Commonwealth v. N. Y. Etc. R.

Supreme Court of Pennsylvania
Commonwealth v. N. Y. Etc. R., 138 Pa. 58 (Pa. 1890)
20 A. 951; 1890 Pa. LEXIS 1237
Clark, Collum, Cubiam, Mitchell, Paxson, Sterrett, Williams

Commonwealth v. N. Y. Etc. R.

Opinion of the Court

Peb Cubiam:

While both the record and the paper-books in this case are voluminous, we find little in either that requires discussion. The motion to quash was properly refused. The consent of the attorney general was not necessary to the commencement of the proceedings. It was sufficient that they were instituted by the road commissioners acting in their official capacity. So much was said in Whitemarsh Tp. v. Railroad Co., 8 W. & S. 365. Nor, have we any doubt as to the jurisdiction. The pleadings establish all the facts necessary to give the Common Pleas of Venango county jurisdiction, and we think the service sufficient. We find nothing to criticise in the trial below.

Judgment affirmed.

Reference

Full Case Name
COMMONWEALTH, EX REL. v. N. Y. ETC. R. CO.
Cited By
1 case
Status
Published
Syllabus
1. Proceedings by mandamus to compel a railroad company to reconstruct a public highway injuriously occupied by it, may be instituted on the relation of the road commissioners of the proper township, acting officially, and the consent of the attorney general of the commonwealth thereto is unnecessary. 2. Under § 2, act of March 15, 1847, P. L. 361, the acts of May 25, 1881, P. L. 32, and June 24, 1885, P. L. 150, not conflicting, where the principal office of the company is without the state, the writ of alternative mandamus may issue from the county where its works are situate and be served upon a director residing in an adjoining county. 3. Where a railroad company, against which such proceedings are instituted, has succeeded by purchase to the franchises, etc., of another company which originally occupied the highway, it becomes subject to the duties and liabilities relating thereto which rested upon the original company; nor is it relieved therefrom by the statute of limitations.
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