Pittsburgh v. Pittsburgh & Charleroi Street Railway Co.

Supreme Court of Pennsylvania
Pittsburgh v. Pittsburgh & Charleroi Street Railway Co., 230 Pa. 189 (Pa. 1911)
79 A. 235; 1911 Pa. LEXIS 586
Brown, Elkin, Mestrezat, Moschzisker, Potter, Stewart

Pittsburgh v. Pittsburgh & Charleroi Street Railway Co.

Opinion of the Court

Per Curiam,

To sustain this bill would be, in effect, to hold that the Pittsburgh Railways Company can use no cars but those owned by it in exercising its franchise to run cars over the streets of the city of Pittsburgh. When cars owned by *192the Pittsburgh & Charleroi Street Railway Company reach the tracks of the Pittsburgh Railways Company and are operated over those tracks by that company in the city of Pittsburgh, they become its cars for all practical purposes. It can make no difference to the city that it does not actually own the cars which it uses, nor where it gets them, for, as just stated, all cars operated by its employees on the streets of the city are, so far as the city and the public are concerned, its cars, and the bill was properly dismissed on the demurrer to it.

More than five months after the final decree dismissing the bill was filed, the city presented a petition asking leave to file an amended complaint. This was a most unusual application, and all that need be said about it is that we know of no precedent or authority that would have justified the court in entertaining it.

Decree affirmed at appellant’s costs.

Reference

Full Case Name
Pittsburgh v. Pittsburgh & Charleroi Street Railway Company
Cited By
1 case
Status
Published
Syllabus
Street railways — Municipalities—Operation of leased cars. 1. Where a street railway company has the franchise to operate its railway on the streets of a municipality, it may operate not only its own cars, but also the cars which are the property of a company which it has leased. In such a case the cars of the lessor company are for all practical purposes the cars of the lessee company when they are operated over the tracks of the latter company. Equity — Equity practice — Amendment. 2. A court of equity will not permit a,n amended bill to be filed five months after a final decree has been entered dismissing the original bill.