Thirteenth & Fifteenth Streets Passenger Railway Co. v. Broad Street Rapid Transit Street Railway Co.

Supreme Court of Pennsylvania June 25, 1907

Thirteenth & Fifteenth Streets Passenger Railway Co. v. Broad Street Rapid Transit Street Railway Co., 219 Pa. 10 (Pa. 1907)

67 A. 901; 1907 Pa. LEXIS 593

Brown, Elkin, Fell, Mestrezat, Mitohell, Potter, Stewart

Opinion of the Court

Per Curiam,

This is a bill in equity to enjoin the defendant company from proceeding under its charter to lay railway tracks on Broad street in the city of Philadelphia. The basis of the relief sought was the invalidity of the franchise purported to be granted. The learned judge below rightly held that this was in effect a quo warranto to challenge the validity of the charter itself and could not be sustained by a private relator. He therefore dismissed the bill. A quo warranto was then issued at the relation of the attorney general, and the other questions argued by the appellant in this ease so far as they are relevant will be considered in disposing of that.

Decree affirmed.

Reference

Full Case Name: Thirteenth & Fifteenth Streets Passenger Railway Company v. Broad Street Rapid Transit Street Railway Company
Cited By: 3 cases
Status: Published
Syllabus: Equity — Jurisdiction—Quo warranto — Private relator. A bill in equity in the nature of a quo warranto cannot be maintained by a private individual to test a street railway company’s right to use a public street in a city.