Pennsylvania Superior Court Reports Volume 26

Pennsylvania Superior Court Reports Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...or was intended to be, by the decision of the Supreme Court of the United States in Atlantic & 'Pacific Tel. Co. v. Philadelphia, 190 U. S. 160 (23 Sup. Ct. Repr. 817). It certainly has not been changed in cases arising under our state laws in which no federal question is involved. I The learned judge below upon a view of all the facts in evidence and with better knowledge of the surrounding local conditions than we have, has determined that there was not sufficient evidence to warrant a finding that the ordinance is unreasonable. Ve have carefully re-examined the evidence in the light-of the foregoing principles, and are not convinced that he ought to have held otherwise, or ought to have submitted the question to the jury. The ordinance being prima facie valid, it would be contrary to sound principle to declare it void for unreasonableness in respect of the amount of the license fee, without proof of facts from which it could be determined, approximately at least, what sum would be sufiicient to meet the expenses arising from proper and lawful municipal supervision. Here the proof fails. It falls far short of what was alleged in the telegraph cases decided by us in July last, or in the United States cases cited in those opinions. Judgment affirmed., Syllabus--Arguments. 26 Pa. Superior Ct. Davis 2: . Wheeling, Pittsburg & Baltimore Railroad Company, Appellant. Railroad--Eminent domain--Damages--Release of damages. A general release of damages to a/ railroad company as to land taken for right of way will be construed to embrace every injury to the entire tract necessarily resulting from the construction of the railroad as originally located, and for the lawful exercise of the right of the company to extend its works, more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236751299
  • 9781236751294