Legal Opinion

Green v. Baltimore & Ohio Railroad

Supreme Court of Pennsylvania

Decided April 6, 1914No. Appeal, No. 240PublishedCited by 6 opinions

Appeal, No. 240, Jan. T., 1913, by defendant, from decree of Superior Court, Oct. T., 1912, No. 120, affirming decree of C. P. Delaware Co., June T., 1910, No. 12, for plaintiff on bill in equity for a mandatory injunction in case of Robert M. Green and William W. Green v. The Baltimore & Ohio Railroad Company; Appeal from the Superior Court.

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Appeal, No. 240, Jan. T., 1913, by defendant, from decree of Superior Court, Oct. T., 1912, No. 120, affirming decree of C. P. Delaware Co., June T., 1910, No. 12, for plaintiff on bill in equity for a mandatory injunction in case of Robert M. Green and William W. Green v. The Baltimore & Ohio Railroad Company; Appeal from the Superior Court. The facts appear in the opinion of the Supreme Court, and in the opinion of the Superior Court by Okeady, J., in Green v. Baltimore & Ohio Railroad Co., 52 Pa. Superior Ct. 524. The Superior Court affirmed the decree of the Court of Common Pleas,…

1Opinion of the Court

Opinion by

Mr. Justice Stewaet,

The Baltimore & Philadelphia -Railroad Company, to whose rights the Baltimore & Ohio Railroad Company, the defendant in this proceeding, has succeeded, acquired its right of way upon and over the lands of Peter W. Green in 1885 by condemnation proceeding, and, as required by law, constructed a farm- crossing over its said railroad for the use and accommodation of the owner of said land. . This crossing was used by the then owner of the land' and his successors in title until 1902 when the defendant company for purposes of its own removed it, leaving the owners of…

2Cases cited2 opinions

  1. Appeal of Hacke & HugusSupreme Court of Pennsylvania · 1882
  2. Dimmick v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1897

3Cited by6 opinions

  1. Williams v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1916
  2. Estate of Spickler v. County of Lancaster Board of CommissionersSupreme Court of Pennsylvania · 1990
  3. Sonnen v. Reading Co., Pennsylvania Court of Common Pleas, Lebanon County1967
  4. Estate of Spickler v. County of Lancaster Board of CommissionersSupreme Court of Pennsylvania · 1990
  5. Hilliard v. Delaware, Lackawanna & Western R. R., Pennsylvania Court of Common Pleas, Northampton County1928

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