Borough of Pottsville v. People's Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 57, Jan. T., 1892, by plaintiff, from decree of Schuylkill Co., July T., 1888, No. 8, confirming report of master and dissolving injunction. Bill in equity to restrain defendant from constructing an alleged extension to its road.
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Appeal, No. 57, Jan. T., 1892, by plaintiff, from decree of Schuylkill Co., July T., 1888, No. 8, confirming report of master and dissolving injunction. Bill in equity to restrain defendant from constructing an alleged extension to its road. From the report of the master, Mason Weidman, Esq., it appeared that defendant, a street railway company, created under the act of April 4,1865, P. L. 815, and several supplements thereto, proposed to construct in the borough of Pottsville a piece of track about 120 feet in length, which complainants alleged to be an extension, and defendants, a siding.…
1Opinion of the Court
Per Curiam,
The master has found from the testimony in the case that the railroad track in question is a siding, and not an extension of the road of the company. This finding was approved by the learned judge of the court below, and there is no proper specification of error which covers this question.
The master has further found, as a conclusion of law, that the right to build such sidings as may be required for its business has not been forfeited or lost, because not exercised by the company within the period limited in the act for the location and construction of the road. It has never been…
2Cited by2 opinions
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- Taylor v. Erie City Passenger Railway Co.Superior Court of Pennsylvania · 1908