Vinton Colliery Co. v. Blacklick & Yellow Creek Railroad
Supreme Court of Pennsylvania
Appeal, No. 50, Oct. T., 1909; by plaintiff, from decree of C. P. Cambria Co., June T., 1908, No. 3, dismissing bill in equity in case of The Vinton Colliery Company v. The Blackliek & Yellow Creek Railroad Company. Bill in equity for an injunction. O’Connor, P. J., found the facts to be as follows: The above-named defendant is duly incorporated and organized as a railroad company under the act of April 4, 1868, and its supplements.
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Appeal, No. 50, Oct. T., 1909; by plaintiff, from decree of C. P. Cambria Co., June T., 1908, No. 3, dismissing bill in equity in case of The Vinton Colliery Company v. The Blackliek & Yellow Creek Railroad Company. Bill in equity for an injunction. O’Connor, P. J., found the facts to be as follows: The above-named defendant is duly incorporated and organized as a railroad company under the act of April 4, 1868, and its supplements. The complainant is a corporation organized for the purpose of acquiring and mining coal and has large holdings in the counties of Cambria and Indiana, state of…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This bill was filed to restrain the appellee railroad company, incorporated under the act of 1868, from taking lands of appellant under condemnation proceedings, because, as alleged, the right of eminent domain sought to be exercised was not for a public use, but for a purely private purpose. The right to thus proceed in equity is claimed under the act of 1871 and the authority of McCandless’s App., 70 Pa. 210; Edgewood Railroad Company’s App., 79 Pa. 257; Mory v. Railroad Company, 199 Pa. 152, and Deemer v. Bells Run Railroad Company, 212 Pa. 491. It is true…
2Cases cited4 opinions
- Edgewood RailroadSupreme Court of Pennsylvania · 1875
- Deemer v. Bells Run RailroadSupreme Court of Pennsylvania · 1905
- McCandless's AppealSupreme Court of Pennsylvania · 1872
- Mory v. Oley Valley Railway Co.Supreme Court of Pennsylvania · 1901
3Cited by7 opinions
- Pittsburgh, Allegheny & McKees Rocks Railway Co. v. Township of StoweSupreme Court of Pennsylvania · 1916
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
- American Coat, Apron & Towel Supply Co. v. Grant Building, Inc.Superior Court of Pennsylvania · 1931
- Frank Mashuda Co. v. County of AlleghenyCourt of Appeals for the Third Circuit · 1958
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