Coatesville & Downingtown Street Railway Co. v. West Chester Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 199, Jan. T., 1902, from decree of C. P., No. 5, Phila. Co., March T., 1902, No. 4312, dissolving injunction in case of Coatesville & Downingtown Street' Railway Company, Coatesville and Western Street Railway Company and West Chester & Southern Street Railway Company v. West Chester Street Railway Company et al. Bill in equity for an injunction.
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Appeal, No. 199, Jan. T., 1902, from decree of C. P., No. 5, Phila. Co., March T., 1902, No. 4312, dissolving injunction in case of Coatesville & Downingtown Street' Railway Company, Coatesville and Western Street Railway Company and West Chester & Southern Street Railway Company v. West Chester Street Railway Company et al. Bill in equity for an injunction. Before Ralston, J. The complainants averred that they were duly incorporated under the laws of the state of Pennsylvania, on the 10th and 12th days of June, 1901, under the acts of assembly pertaining to street railway companies, approved…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The causes of complaint set out in the bill in behalf of the parties complainant, though similar in tendency and result, do not appear to be the same, or founded on any joint right. They should regularly, therefore, have been put into separate bills. But as no objection was made in the court below, and the case has been argued here as if upon final hearing, we pass it by with this brief reference to avoid any inference that we have sanctioned it as correct practice.
The respondents have failed to show any right to build the branches complained of, at the time the…
2Cases cited4 opinions
- Homestead St. Ry. v. Pittsburg & Homestead Electric St. Ry.Supreme Court of Pennsylvania · 1895
- Commonwealth v. Uwchlan Street Railway Co.Supreme Court of Pennsylvania · 1902
- Larimer & L. St. Ry. Co. v. Larimer St. Ry. Co.Supreme Court of Pennsylvania · 1890
- Coatesville & Downingtown Street Railway Co. v. Uwchlan Street Railway Co.Superior Court of Pennsylvania · 1901
3Cited by4 opinions
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Myersdale & Salisbury Street Railway Co. v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908
- Hanna v. Chester TimesSupreme Court of Pennsylvania · 1933
- Nanticoke Suburban Street Railway Co. v. People's Street Railway Co.Supreme Court of Pennsylvania · 1905