Legal Opinion

McConahy v. Western Allegheny Railroad

Superior Court of Pennsylvania

Decided June 30, 1906No. Appeal, No. 134PublishedCited by 3 opinions

Appeal, No. 134, April T., 1906, by defendant, from decree of C. P. Lawrence Co., March T., 1906, No. 2, on bill in equity in case of Alexander T. McConahy v. Western Allegheny Railroad Company. Bill in equity for an injunction. Before Porter, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 134, April T., 1906, by defendant, from decree of C. P. Lawrence Co., March T., 1906, No. 2, on bill in equity in case of Alexander T. McConahy v. Western Allegheny Railroad Company. Bill in equity for an injunction. Before Porter, P. J. The facts are stated in the opinion of the Superior Court. Errors assigned were (1-4) rulings on evidence; (5) decrees granting and continuing injunction setting forth both decrees and (6) that “ the court erred in granting and in continuing the preliminary injunction to the final hearing.”

1Opinion of the Court

Opinion by

Henderson, J.,. The complaint set forth in the plaintiff’s bill is that the defendant entered upon his land by repeated trespasses and is *217erecting an abutment of a bridge and a roadbed thereon and that it threatens and intends to permanently hold and occupy that part of the plaintiff’s land on which it is constructing its roadbed and erecting the abutment referred to. It is specifically averred that the trespass complained of was committed on the plaintiff’s land at a place south of a piece of land 215 feet in width which the plaintiff had theretofore conveyed to the defendant and…

2Cases cited4 opinions

  1. Walters v. McElroySupreme Court of Pennsylvania · 1892
  2. Masson & Besanson's AppealSupreme Court of Pennsylvania · 1872
  3. Keppel v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1901
  4. Bussier v. WeekeySuperior Court of Pennsylvania · 1899

3Cited by3 opinions

  1. Smith v. DonahueSuperior Court of Pennsylvania · 1915
  2. Commonwealth v. BirdSuperior Court of Pennsylvania · 1918
  3. Miles v. Milesburg Borough, Pennsylvania Court of Common Pleas, Centre County1929

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