Legal Opinion

Philadelphia & Erie Railroad v. Catawissa Railroad

Supreme Court of Pennsylvania

Decided February 26, 1866PublishedCited by 16 opinions

These were bills in equity, filed in the Nisi Prius, in December 1865, Nos. 28 and 40 to January Term 1866. On the 11th of January 1866 the Philadelphia and Reading Railroad Company and the East Pennsylvania Railroad Company were, on their petition, made defendants by order of the court, and on the 28th of March the Atlantic and Great Western Railway Company of Pennsylvania were by agreement of counsel made defendants.

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These were bills in equity, filed in the Nisi Prius, in December 1865, Nos. 28 and 40 to January Term 1866. On the 11th of January 1866 the Philadelphia and Reading Railroad Company and the East Pennsylvania Railroad Company were, on their petition, made defendants by order of the court, and on the 28th of March the Atlantic and Great Western Railway Company of Pennsylvania were by agreement of counsel made defendants. The first bill set out the lease of the Philadelphia and Erie Railroad to the Pennsylvania Railroad ; the construction and use by the Catawissa Railroad Company of a railroad…

1Opinion of the Court

The opinion of the court was delivered on the by

Mr. Justice Read.

The real question ’ in this case is whether the railroads of the Atlantic and Great Westérn Railway Company and the Philadelphia and Erie Railroad Company are connecting roads within the meaning of the Acts of Assembly of the 13th March 1847, the 29th March 1859, and the 23d April 1861; for, if they are such connecting roads, then the' first-named road is connected by means' of an intervening railroad with the Catawissa Railroad, which is unquestionably directly connected with the road of the Philadelphia and Erie Railroad…

2Cases cited3 opinions

  1. Irvine v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
  2. Columbus, P. & I. R. v. Indianapolis & B. R.U.S. Circuit Court for the District of Indiana · 1853
  3. Mechling v. Kittanning Bridge Co.Supreme Court of Pennsylvania · 1856

3Cited by16 opinions

  1. Commonwealth v. MinnichSupreme Court of Pennsylvania · 1915
  2. Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
  3. HSP Gaming, L.P. v. City of PhiladelphiaSupreme Court of Pennsylvania · 2008
  4. Commonwealth v. CurrySuperior Court of Pennsylvania · 1897
  5. Likins's PetitionSuperior Court of Pennsylvania · 1908

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